Common use of By Institution Clause in Contracts

By Institution. To the extent permitted by applicable law, Institution will defend Microsoft against any third-party claim to the extent it alleges that: (1) any Customer Data or non- Microsoft software hosted in an Online Service by Microsoft on Institution's behalf misappropriates a trade secret or directly infringes a patent, copyright, trademark, or other proprietary right of a third party; or (2) Institution’s use of any Product or Fix, alone or in combination with anything else, violates the law or damages a third party.

By Institution. To the extent permitted by applicable law, Institution will defend Microsoft against any third-claims made by an unaffiliated third party claim to the extent it alleges that: : (1i) any Customer Data or non- non-Microsoft software hosted in an Online Service by Microsoft hosts on Institution's behalf misappropriates a trade secret or directly infringes a the third party's patent, copyright, trademarkor trademark or makes unlawful use of its Trade Secret; or (ii) arises from use of an Online Service in violation of applicable laws and regulations; a violation of the legal rights of others; or unauthorized access to or disruption of any service, data, account, or other proprietary right of a third party; or (2) Institution’s network in connection with the use of any Product or Fix, alone or in combination with anything else, violates the law or damages a third partyOnline Services.