10-Q
MEDICINES CO /DE filed this form 10-Q on 15 May 2002
- velhartice.info
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            assistance in opposing or limiting such disclosure; provided,
            however, that information disclosed pursuant to this Section 17.2(e)
            shall remain Confidential Information for the purposes of this
            Agreement.

17.3 The Terms of the Agreement.

      Either Party may provide to potential investors, lenders or acquirors who
have a need to know the Confidential Information in order to assess the status
of their investment in such Party or to determine whether to invest in such
Party, provided that (i) the information is of a type customarily disclosed to
investors, lenders or acquirors and (ii) the investors, lenders or acquirors to
whom the information is disclosed are bound by obligations of confidentiality
and non-use with respect to such information at least as stringent as those set
forth within Section 17.1 above.

18. WARRANTY AND INDEMNIFICATION

18.1 Product Warranty.

      TMC hereby warrants that the Product is and shall be manufactured and
delivered to Nycomed in conformity with (i) the specifications for the Product,
(ii) the U.S. Federal Food, Drug and Cosmetic Act, as amended, (iii) the
European Union Council Regulation No. 2309/93 of July 22, 1993 and any amendment
thereof, (iv) the European Market Authorization granted to the Product and any
extension thereof, and (v) any other regulations applicable to the Product in
the EEA. In addition, upon Nycomed notifying TMC of additional requirements
imposed by countries within the Territory but not members of the EEA which must
be complied with for the Product to be manufactured and delivered to Nycomed in
conformity with the regulations of such countries, (a) TMC shall use
commercially reasonable efforts to comply with those requirements, and (b)
Nycomed shall reimburse TMC for any additional costs which it may incur in
connection with such efforts.

18.2 Disclaimer.

      EXCEPT AS STATED IN SECTION 18.1 ABOVE, TMC DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE
PRODUCT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT.

18.3 Indemnifications.

      (a)   Nycomed hereby agrees to indemnify, defend and hold harmless TMC,
            all Affiliates of TMC and all officers, directors, employees and
            agents thereof from all liabilities, claims, damages, losses, costs,
            expenses, demands, suits and actions


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