Common use of By Researcher Clause in Contracts

By Researcher. Researcher shall defend, indemnify and hold harmless Colliga Apps and its affiliates, subsidiaries, officers, directors, employees and agents against any threats, claims, suits or actions brought by a third party against Colliga Apps arising from or related, directly or indirectly, to the third party’s use of Colliga Apps Services in connection with or relating to Researcher or Researcher’s research stud(ies), provided that Colliga Apps: (i) promptly informs and furnishes Researcher with a copy of such threat, claim, suit or action (but the delay or failure to notify shall not affect Researcher’s obligation to provide indemnification unless Researcher is unduly prejudiced by such failure or delay); (ii) gives Researcher all relevant evidence in Colliga Apps’ possession or custody or under its control; and (iii) gives Researcher reasonable assistance in such claim, suit or action, and, for a claim for monetary damages only, the sole control of the defense thereof and all negotiations for its compromise or settlement. Notwithstanding the foregoing, Researcher shall not enter into any settlement that affects Colliga Apps’ rights or interest without Colliga Apps’ prior written consent. Colliga Apps has the right to participate in the defense at Colliga Apps’ own expense. For the avoidance of doubt, “third parties” herein shall be understood to specifically include Participants, and more specifically Participants or potential or past Participants in Researcher’s research studies.