definiens: ) from and against all Losses ( as defined in 11.1 above ) incurred by any [COMPANY] Indemnitee due to any Claim ( as defined in 11.1 abo ve of infringement or alleged infringement of any T hird Party Rights in the Product, or any Claim of person al injury or property damage for any breach of this Agreement by Company, including without limitation, any representation or warranty under this Agreemen t, or which arise from Company ’s negligence, willful misc onduct or any breach of warranties provided for her ein or which arise out of the marketing promotion, distrib ution, use, testing or sales of Product, including, without limitation, any claims, express, implied or statuto ry, made as to the efficacy, safety, or use to be m ade of Product, and claims made by reason of any Product L abeling or any Packaging containing Product, except to the extent that the Losses are due to the negligence or willful misconduct of any [COMPANY] Indemnitee