definiens: ( under and as such term is defined in the Emory License Agreement ), and its and their officers, directors, employees, agents, representatives, successor and assigns ( ) from andagainst any and all Losses resulting from Claims, including, bodily, injury, risk of bodily injury, death, propertydamage and product liability, against an Clearside Indemnitee arising out of or relating to, directly or indirectly:(a ) any negligent act or omission, or willful wrongdoing by Spark in the performance of this Agreement, ( b ) thefailure by Spark to comply with any Law, ( c ) any alleged personal injuries or death resulting from, arising out ofor relating to any Clinical Trials or use of a Licensed Product, or ( d ) any breach of any representation or warrantyor covenant of Spark under this Agreement ; except, in each case, to the extent any such Losses result from thegross negligence or willful misconduct of a Clearside Indemnitee or from the breach of any representation orwarranty or obligation under this Agreement by Clearside