Common use of By INSYNQ Clause in Contracts

By INSYNQ. InsynQ hereby agrees to indemnify, defend, and hold harmless Aptus from and against liabilities, obligations, losses, damages, injuries, claims, demands, penalties, costs and expenses (including reasonable attorneys' fees) of whatever kind and nature imposed or asserted against Aptus resulting from any third party claim, demand, or suit asserted or instituted against Aptus and arising out of or related to the relationship between the parties under this Agreement, insofar as such third party claim, demand or suit is based in whole or in part on (i) a breach of InsynQ's warranties and covenants hereunder; (ii) any inaccuracy, omission, error, defect or mistake in any information concerning the Application Hosting Services furnished by InsynQ to Aptus hereunder that Aptus transmits to Aptus Customers or Sub-Marketers; (iii) an error or failure in the Application Hosting Services, other than errors or failures in or caused by the Aptus Products; or (iv) an allegation that the Application Hosting Services or any Application infringes upon a patent, copyright, trademark or other proprietary right of a third party, or misappropriates a third party's trade secrets. InsynQ's obligations under this Section 9.1 are subject to the conditions that InsynQ be given: (a) prompt notice by Aptus by telegram, fax transmission or telex (with confirming notification by regular mail) of the initiation or existence of any claim, demand or suit; (b) full opportunity to defend, compromise or settle the same as InsynQ may see fit (provided that Aptus may participate in such defense at its expense); and (c) every reasonable assistance from Aptus which InsynQ may, in its discretion, require in responding to any such demand or claim or defending any such suit.

By INSYNQ. InsynQ hereby agrees to indemnify, defend, and hold harmless Aptus CASTALINK from and against liabilities, obligations, losses, damages, injuries, claims, demands, penalties, costs and expenses (including reasonable attorneys' fees) of whatever kind and nature imposed or asserted against Aptus CASTALINK resulting from any third party claim, demand, or suit asserted or instituted against Aptus CASTALINK and arising out of or related to the relationship between the parties under this Agreement, insofar as such third party claim, demand or suit is based in whole or in part on (i) a breach of InsynQ's warranties and covenants hereunder; (ii) any inaccuracy, omission, error, defect or mistake in any information concerning the Application Hosting Services furnished by InsynQ to Aptus CASTALINK hereunder that Aptus CASTALINK transmits to Aptus CASTALINK Customers or Sub-Marketers; (iii) an error or failure in the Application Hosting Services, other than errors or failures in or caused by the Aptus CASTALINK Products; or (iv) an allegation that the Application Hosting Services or any Application infringes upon a patent, copyright, trademark or other proprietary right of a third party, or misappropriates a third party's trade secrets. InsynQ's obligations under this Section 9.1 are subject to the conditions that InsynQ be given: : (a) prompt notice by Aptus CASTALINK by telegram, fax transmission or telex (with confirming notification by regular mail) of the initiation or existence of any claim, demand or suit; ; (b) full opportunity to defend, compromise or settle the same as InsynQ may see fit (provided that Aptus CASTALINK may participate in such defense at its expense); and and (c) every reasonable assistance from Aptus CASTALINK which InsynQ may, in its discretion, require in responding to any such demand or claim or defending any such suit.

By INSYNQ. InsynQ hereby agrees to indemnify, defend, and hold harmless Aptus Macola from and against liabilities, obligations, losses, damages, injuries, claims, demands, penalties, costs and expenses (including reasonable attorneys' fees) of whatever kind and nature imposed or asserted against Aptus Macola resulting from any third party claim, demand, or suit asserted or instituted against Aptus Macola and arising out of or related to the relationship between the parties under this Agreement, insofar as such third party claim, demand or suit is based in whole or in part on (i) a breach of InsynQ's warranties and covenants hereunder; (ii) any inaccuracy, omission, error, defect or mistake in any information concerning the Application Hosting Services furnished by InsynQ to Aptus Macola hereunder that Aptus Macola transmits to Aptus Macola Customers or Sub-Marketers; (iii) an error or failure in the Application Hosting Services, other than errors or failures in or caused by the Aptus Macola Products; or (iv) an allegation that the Application Hosting Services or any Application infringes upon a patent, copyright, trademark or other proprietary right of a third party, or misappropriates a third party's trade secrets. InsynQ's obligations under this Section 9.1 are subject to the conditions that InsynQ be given: : (a) prompt notice by Aptus Macola by telegram, fax transmission or telex (with confirming notification by regular mail) of the initiation or existence of any claim, demand or suit; ; (b) full opportunity to defend, compromise or settle the same as InsynQ may see fit (provided that Aptus Macola may participate in such defense at its expense); and and (c) every reasonable assistance from Aptus Macola which InsynQ may, in its discretion, require in responding to any such demand or claim or defending any such suit.