Common use of By Fyber Clause in Contracts

By Fyber. Fyber (for the purpose of this Section 8.2 the “Indemnifying Party”), shall indemnify, defend and hold harmless Demand Partner, and its directors, officers and employees, and its Affiliates and their directors, officers and employees (collectively, the “Demand Partner Indemnified Parties” and together with the Fyber Indemnified Parties, each shall be referred to hereunder as an “Indemnified Party”) against any liability, damage, loss or expense, fines, penalties and interests (including reasonable attorneys’ fees and costs) incurred by the Demand Partner Indemnified Parties as a result of any Claims alleging (a) that the Service as provided by Fyber to Demand Partner under the Agreement infringes any Intellectual Property Right of any third party or is otherwise illegal; and/or (b) a breach by Fyber of any of its representations or warranties under Section 4 of this MSA. In the event of any such threatened or actual Claim, in addition to its indemnification obligations herein, Fyber will have the right, in its discretion, to either (i) replace or modify the infringing or allegedly infringing‌ components of the Service, or (ii) immediately terminate this Agreement upon written notice to Demand Partner.

By Fyber. Fyber (for the purpose of this Section 8.2 the “Indemnifying Party”), shall indemnify, defend and hold harmless Demand Partner, and its directors, officers and employees, and its Affiliates and their directors, officers and employees (collectively, the “Demand Partner Indemnified Parties” and together with the Fyber Indemnified Parties, each shall be referred to hereunder as an “Indemnified Party”) against any liability, damage, loss or expense, fines, penalties and interests (including reasonable attorneys’ fees and costs) incurred by the Demand Partner Indemnified Parties as a result of any Claims alleging (a) that the Service as provided by Fyber to Demand Partner under the Agreement infringes any Intellectual Property Right of any third party or is otherwise illegal; and/or (b) a breach by Fyber of any of its representations or warranties under Section 4 of this MSA. In the event of any such threatened or actual Claim, in addition to its indemnification obligations herein, Fyber will have the right, in its discretion, to either (i) replace or modify the infringing or allegedly infringing‌ infringing components of the Service, or (ii) immediately terminate this Agreement upon written notice to Demand Partner.Partner.‌

By Fyber. Fyber (for the purpose of this Section 8.2 the “Indemnifying Party”), shall indemnify, defend and hold harmless Demand Partner, and its directors, officers and employees, and its Affiliates and their directors, officers and employees (collectively, the “Demand Partner Indemnified Parties” and together with the Fyber Indemnified Parties, each shall be referred to hereunder as an “Indemnified Party”) against any liability, damage, loss or expense, fines, penalties and interests (including reasonable attorneys’ fees and costs) incurred by the Demand Partner Indemnified Parties as a result of any Claims alleging (a) that the Service as provided by Fyber to Demand Partner under the Agreement infringes any Intellectual Property Right of any third party or is otherwise illegal; and/or (b) a breach by Fyber of any of its representations or warranties under Section 4 of this MSA. In the event of any such threatened or actual Claim, in addition to its indemnification obligations herein, Fyber will have the the‌ right, in its discretion, to either (i) replace or modify the infringing or allegedly infringing‌ infringing components of the Service, or (ii) immediately terminate this Agreement upon written notice to Demand Partner.