Common use of By Merchant Clause in Contracts

By Merchant. Merchant will defend, indemnify and hold BlueSnap and its affiliates, directors, officers, employees, and agents harmless against any Claims against BlueSnap arising out of (i) Merchant’s breach of this Agreement regarding the Products(s) or Services hereunder, including but not limited to breach of Sections 8.3 and 13, the Products’ description, fitness, merchantability, and safety, (ii) Product warranties (iii) Claims related to End-User Customer use of the Products; and (iv) any Claim involving misuse or loss of End-User Customer Information by Merchant including loss due to security breach; and (v) any Claim relating to any taxes chargeable or payable on the transaction; and (vi) in respect of any Claim, penalty, fine or loss relating to any improper, unauthorized, illegal, and/or fraudulent transactions; and (vii) act of negligence, any third party claim in respect of Intellectual Property, or title to the Products, actions in breach of Card Association rules, provided that for the above, BlueSnap (a) promptly gives written notice of the Claim to Merchant; (b) gives Merchant sole control of the defense and settlement of the Claim; and (c) provides to Merchant, at Merchant’s cost, all reasonable assistance requested by Xxxxxxxx. Such indemnity shall include all reasonable legal fees and costs of investigation.

By Merchant. Merchant will defend, indemnify and hold BlueSnap and its affiliates, directors, officers, employees, and agents harmless against any Claims against BlueSnap arising out of (i) Merchant’s breach of this Agreement regarding the Products(sAgreement, (ii) or Services hereunderProduct warranties, including but not limited to breach of Sections 8.3 and 13, the Products’ description, fitness, merchantability, and safety, (ii) Product warranties safety (iii) Claims related to End-User Customer use of the Products; and (iv) any Claim involving misuse or loss of End-User Customer Information by Merchant including loss due to security breachbreach including any breach of PCI-DSS requirements, and/or any Claim relating to breaches of privacy legislation; and (v) any Claim relating to any taxes chargeable or payable on the transaction; and (vi) in respect of any Claim, penalty, fine or loss relating to any improper, unauthorized, illegal, and/or fraudulent transactions; and (vii) act of negligence, any third party claim in respect of Intellectual Property, or title to the Products, actions in breach of Card Association rules, provided that for the above, BlueSnap (a) promptly gives written notice of the Claim to Merchant; (b) gives Merchant sole control of the defense and settlement of the Claim; and (c) provides to Merchant, at Merchant’s cost, all reasonable assistance requested by Xxxxxxxx. Such indemnity shall include all reasonable legal fees and costs of investigation.

By Merchant. Merchant will defend, indemnify and hold BlueSnap and its affiliates, directors, officers, employees, and agents harmless against any Claims against BlueSnap arising out of (i) Merchant’s breach of this Agreement regarding the Products(sAgreement, (ii) or Services hereunderProduct warranties, including but not limited to breach of Sections 8.3 and 13, the Products’ description, fitness, merchantability, and safety, (ii) Product warranties safety (iii) Claims related to End-User Customer use of the Products; and (iv) any Claim involving misuse or loss of End-User Customer Information by Merchant including loss due to security breachbreach including any breach of PCI-DSS requirements; and (v) any Claim relating to any taxes chargeable or payable on the transaction; and (vi) in respect of any Claim, penalty, fine or loss relating to any improper, unauthorized, illegal, and/or fraudulent transactions; and (vii) act of negligence, any third party claim in respect of Intellectual Property, or title to the Products, actions in breach of Card Association rules, provided that for the above, BlueSnap (a) promptly gives written notice of the Claim to Merchant; (b) gives Merchant sole control of the defense and settlement of the Claim; and (c) provides to Merchant, at Merchant’s cost, all reasonable assistance requested by Xxxxxxxx. Such indemnity shall include all reasonable legal fees and costs of investigation.