Common use of Breach of this Agreement Clause in Contracts

Breach of this Agreement. Subject to the limitations set forth in section 6(d) of this Agreement, each party agrees to indemnify and hold the other party, its affiliates, shareholders, directors, officers, employees, customers, successors and assigns harmless against all liabilities, claims, costs, damages, losses and expenses, including reasonable legal fees and related costs, which the indemnified party incurs by reason of the defaulting party's failure to perform its obligations under this Agreement. If a claim, demand or suit is presented or filed against the nondefaulting party and indemnification by the nondefaulting party is sought pursuant to this provision, the nondefaulting party shall give prompt notice to the defaulting party and provide reasonable assistance to and cooperation with the defaulting party, at the defaulting party's cost, in the settlement or defense of the claim, demand or suit. The right of indemnification shall be extinguished if the nondefaulting party fails to give notice of the claim, demand or suit, or settles the same without the written consent of the defaulting party.

Breach of this Agreement. Subject to the limitations set forth in section 6(d6(b) of this Agreement, each party agrees to indemnify and hold the other party, its affiliates, shareholders, directors, officers, employees, customers, successors and assigns harmless against all liabilities, claims, costs, damages, losses and expenses, including reasonable legal fees and related costs, which the indemnified party incurs by reason of the defaulting party's failure to perform its obligations under this Agreement. If a claim, demand or suit is presented or filed against the nondefaulting party and indemnification by the nondefaulting party is sought pursuant to this provision, the nondefaulting party shall give prompt notice to the defaulting party and provide reasonable assistance to and cooperation with the defaulting party, at the defaulting party's cost, in the settlement or defense of the claim, demand or suit. The right of indemnification shall be extinguished if the nondefaulting party fails to give notice of the claim, demand or suit, or settles the same without the written consent of the defaulting party.