9. Intellectual Property Indemnification
9.1 If the delivery or exploitation of the Products hereunder, or any product manufactured by the Customer embodying Medix’s Products, is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, the Customer shall, at its sole expense, defend or settle against such claims. The Customer shall indemnify, defend and hold harmless Medix from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Medix may incur, suffer or be required to pay arising out of such infringement or suspected infringement of any third party’s right.