definiens: ) from and against any and all Losses ( asdefined in paragraph 7.1 above ) that may be incurred by any Paddock Indemnified Party arising out of orin connection with any ( i ) actual or alleged damage to property or injury or death occurring to any Personarising out of possession, use or consumption by any Person of the Products to the extent that suchdamage, injury or death was caused by the contamination or adulteration of the Products while out of thecontrol of Paddock, by any defect or alleged defect in any respect in the Specifications or by the contentof any Material relating to the advertising or marketing of the Products, or by any action taken or inactionby Axcan Pharma, its -17- employees or agents in marketing or distributing the Product, or constituting any warning or instructionregarding the Products or ( ii ) any other negligent act or omission on the part of Axcan Pharma, itsAffiliates or their respective directors, officers, employees, representatives or agents