definiens: means all claims, threatened claims, damages, losses, suits, proceedings, liabilities, costs(including reasonable legal expenses, costs of litigation and reasonable attorney ’s fees ), or judgments, whether formoney or equitable relief, of any kind and is not limited to matters asserted by Third Parties against a Party, butincludes claims, threatened claims, damages, losses, suits, proceedings, liabilities, costs ( including reasonable legalexpenses, costs of litigation and reasonable attorney ’s fees ), or judgments incurred or sustained by a Party in theabsence of Third Party claims ; provided, that no Party shall be liable to hold harmless or indemnify the JunoIndemnitees or [COMPANY] Indemnitees, as applicable, for any claims, threatened claims, damages, losses, suits, proceedings, liabilities, costs or judgments for punitive or exemplary damages, except to the extent the Party seekingindemnification is actually liable to a Third Party for such punitive or exemplary damages in connection with a claimby such Third Party