Each party (the "Indemnifying Party") will defend, indemnify, and hold harmless the other party, its subsidiaries, and affiliates, and their respective officers, directors, shareholders, employees, and agents (the "Indemnified Party") from and against any and all claims, damages, losses, and expenses (including reasonable attorneys fees) (collectively "Losses") concerning any third-party claims arising out of or related to: (1) any bodily injury (including death) or damage to tangible or real property to the extent caused by the Indemnifying Party's personnel (or, in the case of Which Wich as the Indemnifying Party, caused by the Wich Products); (2) any claims that the Indemnifying Party breached its representations or warranties in this Agreement; or (3) the violation of the intellectual property of the third party by the Indemnifying Party s logos, trademarks, trade names, menus, documentation, or other intellectual property (collectively, "Materials"). Also, Wich will defend, indemnify and hold harmless Foodkart from any and all Losses related to any violation or alleged violation of any applicable retail food or other health and safety code, rule, or regulation related to Wich Product(Products), except to the extent such Losses were caused directly by the gross