Common use of By Supply Partner Clause in Contracts

By Supply Partner. Supply Partner (for purposes of this Section 8.2, the “Indemnifying Party”) shall indemnify, defend and hold harmless Fyber and its Affiliates, and its and their directors, officers and employees (collectively, the “Fyber Indemnified Parties”, and together with the Supply Partner Indemnified Parties, each shall be referred to hereunder as an “Indemnified Party”) against any liability, damage, loss or expense, fines, penalties and interests (including reasonable attorneys’ fees and costs) incurred by the Fyber Indemnified Parties as a result of any Claim brought or made against any of the Fyber Indemnified Parties in connection with, arising out of or relating to (a) any alleged or actual breach of Supply Partner’s representations, warranties or covenants under Sections 3, Error! Reference source not found.4 and 9 of this MSA; (b) an allegation that the App’s content breached the Content Guidelines, contains any illegal content or facilitates Fraud; (c) an allegation that the App, or users’ downloads, installations or any use thereof, violates any law including infringes upon or misappropriates any Intellectual Property Right, publicity or privacy right; and/or (d) an allegation that Supply Partner has breached the Data Protection Addendum, attached hereto as Appendix B.‌

By Supply Partner. Supply Partner (for purposes of this Section 8.2, the “Indemnifying Party”) shall indemnify, defend and hold harmless Fyber and its Affiliates, and its and their directors, officers and employees (collectively, the “Fyber Indemnified Parties”, and together with the Supply Partner Indemnified Parties, each shall be referred to hereunder as an “Indemnified Party”) against any liability, damage, loss or expense, fines, penalties and interests (including reasonable attorneys’ fees and costs) incurred by the Fyber Indemnified Parties as a result of any Claim brought or made against any of the Fyber Indemnified Parties in connection with, arising out of or relating to (a) any alleged or actual breach of Supply Partner’s representations, warranties or covenants under Sections 3, Error! Reference source not found.4 found. 4 and 9 of this MSA; (b) an allegation that the AppProperty’s content breached the Content Guidelines, contains any illegal content or facilitates Fraud; (c) an allegation that the AppProperty, or users’ downloads, installations or any use thereof, violates any law including infringes upon or misappropriates any Intellectual Property Right, publicity or privacy right; and/or (d) an allegation that Supply Partner has breached the Data Protection Processing Addendum, attached hereto as Appendix B.‌

By Supply Partner. Supply Partner (for purposes of this Section 8.2, the “Indemnifying Party”) shall indemnify, defend and hold harmless Fyber DT and its Affiliates, and its and their directors, officers and employees (collectively, the “Fyber DT Indemnified Parties”, and together with the Supply Partner Indemnified Parties, each shall be referred to hereunder as an “Indemnified Party”) against any liability, damage, loss or expense, fines, penalties and interests (including reasonable attorneys’ fees and costs) incurred by the Fyber DT Indemnified Parties as a result of any Claim brought or made against any of the Fyber DT Indemnified Parties in connection with, arising out of or relating to (a) any alleged or actual breach of Supply Partner’s representations, warranties or covenants under Sections 3, Error! Reference R eference source not found.4 and 9 of this MSA; (b) an allegation that the App’s content breached the Content Guidelines, contains any illegal content or facilitates Fraud; (c) an allegation that the App, or users’ downloads, installations or any use thereof, violates any law including infringes upon or misappropriates any Intellectual Property Right, publicity or privacy right; and/or (d) an allegation that Supply Partner has breached the Data Protection Addendum, attached hereto as Appendix B.‌B.

By Supply Partner. Supply Partner (for purposes of this Section 8.2, the “Indemnifying Party”) shall indemnify, defend and hold harmless Fyber and its Affiliates, and its and their directors, officers and employees (collectively, the “Fyber Indemnified Parties”, and together with the Supply Partner Indemnified Parties, each shall be referred to hereunder as an “Indemnified Party”) against any liability, damage, loss or expense, fines, penalties and interests (including reasonable attorneys’ fees and costs) incurred by the Fyber Indemnified Parties as a result of any Claim brought or made against any of the Fyber Indemnified Parties in connection with, arising out of or relating to (a) any alleged or actual breach of Supply Partner’s representations, warranties or covenants under Sections 3, Error! Reference source not found.4 found. and 9 of this MSA; (b) an allegation that the AppProperty’s content breached the Content Guidelines, contains any illegal content or facilitates Fraud; (c) an allegation that the AppProperty, or users’ downloads, installations or any use thereof, violates any law including or infringes upon or misappropriates any Intellectual Property Right, publicity or privacy right; and/or (d) an allegation that Supply Partner has breached the Data Protection Processing Addendum, attached hereto as Appendix B.‌

By Supply Partner. Supply Partner (for purposes of this Section 8.2, the “Indemnifying Party”) shall indemnify, defend and hold harmless Fyber and its Affiliates, and its and their directors, officers and employees (collectively, the “Fyber Indemnified Parties”, and together with the Supply Partner Indemnified Parties, each shall be referred to hereunder as an “Indemnified Party”) against any liability, damage, loss or expense, fines, penalties and interests (including reasonable attorneys’ fees and costs) incurred by the Fyber Indemnified Parties as a result of any Claim brought or made against any of the Fyber Indemnified Parties in connection with, arising out of or relating to (a) any alleged or actual breach of Supply Partner’s representations, warranties or covenants under Sections 3, Error! Reference source not found.4 found. and 9 of this MSA; (b) an allegation that the AppProperty’s content breached the Content GuidelinesGuidelines (available under xxx.xxxxx.xxx/xxxxx/xxxxxx-xxxxxxx-xxxxxxxxxx), contains any illegal content or facilitates Fraud; (c) an allegation that the AppProperty, or users’ downloads, installations or any use thereof, violates any law including or infringes upon or misappropriates any Intellectual Property Right, publicity or privacy right; and/or (d) an allegation that Supply Partner has breached the Data Protection Processing Addendum, attached hereto as Appendix B.‌B.