The court erred in dismissing plaintiffs' claims based on its finding that the indemnification provision in the Investors Rights Agreement is limited to third-party claims. Rather, the provision, which states that indemnification applies to any loss "whether or not arising out of any claims by or on behalf of any third party," and includes a distinct section referencing third-party claims, clearly implies that the parties intended the provision to apply to certain intra-party...
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