definiens: ) against any and all Losses ( as defined above ) incurred or suffered by the Rhythm I ndemnified Party to the extent arising out of or caused by ( i ) the practice or use by [COMPANY] or its Affiliates, l icensees or sublicensees of the Rhythm Collaboration IP or the Joint IP ; or CONFIDENTIAL * CONFIDENTIAL TREATMENT REQUESTED . OMITTED PORTION S FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMUL GATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED ( ii ) the breach by [COMPANY] of one or more of its represe ntations, warranties or other obligations under this Agreement ; provided, however, that [COMPANY] shall not be requir ed to indemnify, hold harmless or defend any Rhythm Indemnified Party against any claim brought pursuant to Section 10.1(i ) or ( ii ) to the extent that Rhythm has an obligation to indemnify the Camu rus Indemnified Parties under Sections 10.1(i ) or ( ii )