Product Liability. Section 3.24 of the Disclosure Schedule sets forth an accurate, correct and complete list and summary description of all existing claims, duties, responsibilities, liabilities or obligations arising from or alleged to arise from any injury to person or property as a result of the ownership, possession or use of any product manufactured, formulated, distributed or sold by the Company Group or its members’ predecessors during the two (2) years prior to the date hereof. No member of the Company Group has any liability (and there is no reasonable basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against the Company Group giving rise to any liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product manufactured, formulated, processed, sold, distributed, or delivered by the Company Group or any of its members’ predecessors.

. In the past six (6) years, neither Company has incurred any Adverse Consequence (and there is no Basis for any Proceeding against it giving rise to any Adverse Consequence) as a result of any defect or other deficiency (whether of design, materials, workmanship, labeling, instructions or otherwise) with respect to any product designed, manufactured, repaired, sold, leased, licensed or delivered, or any service provided by a Company, whether such Adverse Consequence is incurred by reason of any express or implied warranty (including any warranty of merchantability or fitness), any doctrine of common law (tort, contract or other), any other Applicable Law or otherwise[[Parties:Organization]]

Product Liability. ​. Regeneron shall have the sole right, but not the obligation, to defend any such Third Party product liability claim of a Regeneron Co-Funding Product. Intellia shall have the sole right, but not the obligation, to defend any such Third Party product liability claim of an Intellia Co-Funding Product. The non-defending Party shall provide reasonable cooperation and assistance to the defending Party.

Product Liability. All Liabilities of Seller to customers or third parties with respect to services performed by Seller on or prior to the Closing Date or products manufactured, sold or leased by Seller on or prior to the Closing Date, without regard to # the basis or theory of claim (negligence, strict tort, breach of express or implied warranty, fraud or failure to warn, test, inspect or instruct, infringement claims and any related claims, or otherwise), # the nature of the damages sought (property damage, economic loss, personal injury, wrongful death or other), or # whether the claim arose or is asserted before or after the Closing;

Product Liability Insurance. Effective at least ​ prior to First Commercial Sale of Licensed Product, each Party shall maintain in force product liability insurance with a minimum limit of ​ in the aggregate.

Product Liability Insurance. Apellis will be responsible for maintaining product liability insurance related to the Commercialization of the Product at its expense.

Product Functions, Product Liability and Warranties. The Company’s products function according to the marketing materials provided within the product packaging. The functionality of the Company’s products includes performance to the temperature accuracy provided, as well as the ability of the product user to interpret results correctly if the product instructions are followed as written. Except as set forth on [Schedule 4.6]: # there are no material warranties or guarantees that are written and express with respect to any product sold or services rendered by the Company to its customers, and # there are no pending or, to the Knowledge of Seller, threatened claims, Proceedings or investigations with respect to any such warranty or guarantee or concerning any product sold by the Company or any services rendered by the Company or asserting any liability of Seller with respect to any such product or service.

Without limiting the provisions of Paragraph 8 above, Seller shall not be liable to Buyer or to third parties for liabilities, losses, expenses or damages (including, without limitation, court costs and attorney's fees) incurred or suffered by Buyer or third parties resulting from or caused by, the defective or allegedly defective manufacture, assemble, storage, use or transportation of any

Product Liability; Recalls. There has been no accident, happening or event caused or allegedly caused by any defect in manufacture, design, materials or workmanship including any failure to warn or any breach of express or implied warranties or representations with respect to any product manufactured, shipped, sold or delivered by or on behalf of either of the Companies which has resulted in serious injury or death to any Person or material damage to or destruction of property or other material consequential damages. There has been no product recall or post-sale warning conducted by either of the Companies with respect to any product manufactured, shipped, sold or delivered by or on its behalf.

Product Liability Actions. A Party becoming aware of any Third Party asserting or filing any product liability Claim or Action based thereon relating to the human use (whether in clinical studies or through Commercialization by Janssen hereunder) of a Licensed Product with alleged defects (whether design defects, manufacturing defects, or defects in sales or promoting) (“Third-Party Product Liability Action”) against a Party, shall promptly notify the other Party. In the event a Third-Party Product Liability Action is initiated against a single Party for which it seeks or shall seek indemnification from the other as an Indemnifying Party under Section 13.1, the Indemnifying Party shall have control over such Action. In such case, the Indemnifying Party shall have the right to control the defense of such Action, but shall notify and keep the Indemnified Party apprised in writing of such Action and shall consider and take into account the Indemnified Party’s reasonable interests and requests and suggestions regarding the defense of such Action. In the event that a Third-Party Product Liability Action is initiated against both Parties, Janssen shall have control over the response to such Third-Party Product Liability Action.