By Organization. Organization shall defend HealthCast from any third party action, suit or proceeding brought or made against HealthCast arising out of: (i) any breach of Sections 1.4 or 1.5 of this Agreement by Organization, its affiliates, employees agents, successors and assigns or Organization Customers; or (ii) relating to or based upon Organization Data or the activities conducted by Organization using the Software (other than the normal, ordinary, and intended uses of the Software), and Organization shall pay any final judgment entered against HealthCast in any such proceeding or agreed to in settlement; or (iii) any warranties or service level commitments made by Organization to third parties, provided that (a) Organization is promptly notified in writing of such claim or suit, (b) Organization or its designee has sole control of such defense and/or settlement, and (c) HealthCast gives all information and assistance requested by Organization or such designee.
By Organization. Organization will indemnify, defend, and hold harmless Coursera from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim: (i) that any Organization brand features or other content used in accordance with the Order Form infringe or misappropriate any intellectual property rights of a third party; or (ii) involving actions by Users and other individuals associated with Organization (e.g., harassment on forums, plagiarism).
By Organization. In the event the CVA Governance Committee members are unable to reach agreement on a particular issue and the vote related to such issue is deadlocked along organizational lines, the issue shall be referred to the Parents.
