Common use of By Creative Clause in Contracts

By Creative. Subject to the conditions set forth in Section 18.3 hereto, Creative shall indemnify, hold harmless and defend Licensor against any claim, suit or proceeding and any damages or liability therefrom or settlement thereof (including reasonable fees of attorneys and related costs) to the extent: (i) based on a claim that, solely as a result of the processes or materials selected by Creative for manufacturing and reproduction, a Licensed Product infringes the patent, copyright, trademark, trade secret, publicity, privacy, defamation or other rights of any third party; (ii) resulting from any material breach of this Agreement by Creative; or (iii) based on a claim that Creative's manufacture, use, sale, or distribution of a Combined Product infringes the patent, copyright, trademark, trade secret, publicity, privacy, or other rights of any third party, or is defamatory or obscene, to the extent that such infringement is due solely to the combination of a Licensed Product with a Creative Bundled Product and except to the extent that such infringement is due solely to the Licensed Product.