Common use of By Vertafore Clause in Contracts

By Vertafore. Subject to Section 11, Vertafore shall defend, indemnify, and hold harmless Customer and its permitted assigns from and against any and all Claims arising out of or in connection with any third party claims that the Vertafore Solutions, in the form delivered and when used by Customer in accordance with the Agreement, infringes or misappropriates the intellectual property rights of a third party. 12.1.1 Vertafore has the right, in its sole discretion, to do any of the following when an infringement Claim is raised: (i) obtain the right for Customer to use the allegedly infringing portion of the Vertafore Solutions, (ii) replace the Vertafore Solutions with a modified version so long as it does not decrease the functionality, or (iii) terminate the Agreement as to the allegedly infringing Vertafore Solutions. In such event, Vertafore makes no admission and disclaims all liability that any actual infringement occurred.

By Vertafore. Subject to Section 119, Vertafore shall defend, indemnify, and hold harmless Customer Carrier and its permitted assigns from and against any and all Claims arising out of or in connection with any third party claims that the Vertafore Solutions, in the form delivered and when used by Customer Carrier in accordance with the Agreement, infringes or misappropriates the intellectual property rights of a third party. 12.1.1 10.1.1. Vertafore has the right, in its sole discretion, to do any of the following when an infringement Claim is raised: (i) obtain the right for Customer Carrier to use the allegedly infringing portion of the Vertafore Solutions, (ii) replace the Vertafore Solutions with a modified version so long as it does not decrease the functionality, or (iii) terminate the Agreement as to the allegedly infringing Vertafore Solutions. In such event, Vertafore makes no admission and disclaims all liability that any actual infringement occurred.