Common use of By FiveCom Clause in Contracts

By FiveCom. FiveCom shall indemnify, defend and save BecoCom, its Affiliates, officers, directors and employees ("BecoCom Indemnified Parties"), harmless from and against any and all actions, charges, claims, damages, expenses, fines, penalties and liabilities whatsoever actually incurred by the BecoCom Indemnified Parties arising from, or out of, or in connection with Third Party actions or claims with respect to any of the following: (a) The loss of life, personal injury, or damage to physical property caused by the act or omission of FiveCom, its Affiliates or their respective employees, agents, contractors, or any other person acting by or through, or with the knowledge or approval of Five Com, except to the extent caused by the negligence or willful misconduct of BecoCom, its Affiliates, employees, agents, contractors or any other person acting by or through, or with the knowledge or approval of BecoCom; (b) The violation of federal, state or local law, regulation or ordinance applicable to the Cable, Cable Accessories, Structures, FiveCom Fibers, and FiveCom's use thereof, by FiveCom, its Affiliates or their respective employees, agents, contractors, or any other person acting by or through, or with the knowledge or approval of FiveCom, except to the extent caused by the negligence or willful misconduct of BecoCom, its Affiliates, employees, agents, contractors or any other person acting by or through, or with the knowledge or approval of BecoCom; and (c) Any storage, use, spill, discharge or release to the environment of any oil or hazardous materials or wastes, as those terms are defined by applicable federal or state law from time to time, in or upon any property adjacent to the FiveCom Fibers or the Structures by FiveCom, its Affiliates and their respective employees, agents, contractors, or any other person acting by or through, or with the knowledge or approval of FiveCom, except to the extent caused by the negligence or willful misconduct of BecoCom, its Affiliates, employees, agents, contractors or any other person acting by or through, or with the knowledge or approval of BecoCom.

By FiveCom. FiveCom shall indemnify, defend and save BecoComharmless XXXX Com, its Affiliates, officers, directors and employees ("BecoCom XXXX Com Indemnified Parties"), harmless from and against any and all actions, charges, claims, damages, expenses, fines, penalties and liabilities whatsoever actually incurred by the BecoCom XXXX Com Indemnified Parties arising from, or out of, or in connection with Third Party actions or claims with respect to any of the following: (a) The loss of life, personal injury, or damage to physical property caused by the act or omission of FiveCom, its Affiliates or their respective employees, agents, contractors, or any other person acting by or through, or with the knowledge or and approval of Five Com, except to the extent caused by the negligence or willful misconduct of BecoComXXXX Com, its Affiliates, employees, agents, contractors or any other person acting by or through, or with the knowledge or and approval of BecoComXXXX Com; (b) The violation of federal, state or local law, regulation or ordinance applicable to the Cable, Cable Accessories, Structures, FiveCom Fibers, and FiveCom's use thereof, by FiveCom, its Affiliates or their respective employees, agents, contractors, or any other person acting by or through, or with the knowledge or and approval of FiveCom, except to the extent caused by the negligence or willful misconduct of BecoComXXXX Com, its Affiliates, employees, agents, contractors or any other person acting by or through, or with the knowledge or and approval of BecoComXXXX Com; and (c) Any storage, use, spill, discharge or release to the environment of any oil or hazardous materials or wastes, as those terms are defined by applicable federal or state law from time to time, in or upon any property adjacent to the FiveCom Fibers or the Structures by FiveCom, its Affiliates and Affiliates, or their respective employees, agents, contractors, or any other person acting by or through, or with the knowledge or and approval of FiveCom, except to the extent caused by the negligence or willful misconduct of BecoComXXXX Com, its Affiliates, employees, agents, contractors or any other person acting by or through, or with the knowledge or and approval of BecoComXXXX Com.