Common use of By Illuminate Clause in Contracts

By Illuminate. Illuminate agrees to defend, indemnify and hold harmless District and its Board of Education, in their official capacity, administrators, employees, committees, agents, successors and assignees, from and against all damages, costs (including reasonable attorneys’ fees), judgments and other expenses arising out of or on account of any third party claim: (i) alleging that District’s use of the System infringes or misappropriates the proprietary or intellectual property rights of any third party, except to the extent that such infringement results from District’s misuse of or modifications to the System; (ii) that results from the gross negligence or intentional misconduct of Illuminate or its employees or agents; or

By Illuminate. Illuminate agrees to defend, indemnify and hold harmless District and its Board of Educationdirectors, in their official capacity, administratorsofficers, employees, committees, agents, successors and assignees, agents from and against all damages, costs (including reasonable attorneys’ fees), judgments and other expenses arising out of or on account of any third party claim: (i) alleging that District’s use of the System infringes or misappropriates the proprietary or intellectual property rights of any third party, except to the extent that such infringement results from District’s misuse of or modifications to the System; (ii) that results from the gross negligence or intentional misconduct of Illuminate or its employees or agents; or

By Illuminate. Illuminate agrees to defend, indemnify and hold harmless District and its Board of Educationdirectors, in their official capacity, administratorsofficers, employees, committees, agents, successors and assignees, agents from and against all damages, costs (including reasonable attorneys’ fees), judgments and other expenses arising out of or on account of any third party claim: (i) alleging that District’s use of the System infringes or misappropriates the proprietary or intellectual property rights of any third party, except to the extent that such infringement results from District’s misuse of or modifications to the System; (ii) that results from the gross negligence or intentional misconduct of Illuminate or its employees or agents; oror (iii) that results from any material breach of any of the representations, warranties or covenants contained herein by Illuminate.

By Illuminate. Illuminate agrees to defend, indemnify and hold harmless District and its Board of Educationdirectors, in their official capacity, administratorsofficers, employees, committees, agents, successors and assignees, agents from and against all damages, costs (including reasonable attorneys’ fees), judgments and other expenses arising out of or on account of any third party claim: (i) alleging that District’s use of the System infringes or misappropriates the proprietary or intellectual property rights of any third party, except to the extent that such infringement results from District’s misuse of or modifications to the System; (ii) that results to the extent resulting from the gross negligence or intentional misconduct of Illuminate or its employees or agents; oror (iii) to the extent resulting from any material breach of any of the representations, warranties or covenants contained herein by Illuminate.