By Aptus Sample Clauses

By Aptus. Aptus hereby agrees to indemnify, defend, and hold harmless InsynQ from and against any and all liabilities, obligations, losses, damages, injuries, claims, demands, penalties, costs and expenses (including reasonable attorneys' fees) of whatever kind and nature imposed or asserted against InsynQ resulting from any third party claim, demand, or suit asserted or instituted against InsynQ and arising out of or related to the relationship between the parties under this Agreement, insofar as such third party claim, demand or suit is based in whole or in part on (i) a breach of Aptus's warranties and covenants hereunder; (ii) any inaccuracy, omission, error, defect or mistake in the Aptus Products and/or information concerning the same furnished by Aptus to InsynQ hereunder that InsynQ transmits to Aptus's Customer's; or (iii) an allegation that the Aptus Products infringe upon a patent, copyright, trademark or other proprietary right of a third party, or misappropriate a third party's trade secrets. Aptus's obligations under this Section 9.2 are subject to the conditions that Aptus's obligations under this Section 9.2 are subject to the conditions that Aptus be given:
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Related to By Aptus

  • Licensed Software Section 3.17(f).......................................27

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