Common use of By Xxxxxx Clause in Contracts

By Xxxxxx. Xxxxxx covenants and agrees to indemnify and hold TOUR, its affiliated entities and each of their respective officers, directors, employees and agents (collectively, the 'TOUR Indemnities") harmless from and against any and all losses, claims, damages, expenses, judgments, awards, petitions, demands or liabilities (including reasonable attorneys, fees, whether incurred in preparation for trial, at trial, on appeal or in bankruptcy proceedings), joint or several, to which the TOUR Indemnities may become subject on account of any default by Xxxxxx in the performance of Xxxxxx'x obligations hereunder. TOUR will notify Xxxxxx Promptly upon receipt of notice of any such claim. Upon such notice to Xxxxxx, Xxxxxx shall assume responsibility for the defense of the interests of the TOUR Indemnities.

By Xxxxxx. Xxxxxx covenants and agrees to indemnify and hold TOUR, its affiliated entities and each of their respective officers, directors, employees and agents (collectively, the 'TOUR Indemnities"Tour Indemnitees") harmless from and against any and all losses, claims, damages, expenses, judgments, awards, petitions, demands or liabilities (including reasonable attorneys, ' fees, whether incurred in preparation for trial, at trial, on appeal or in bankruptcy proceedings), joint or several, several to which the TOUR Indemnities Indemnitees may become subject on account of any default by Xxxxxx in the performance of Xxxxxx'x obligations hereunderhereunder and/or on account of the sale, advertisement, promotion or use of the Licensed Product or premiums permitted pursuant to Section 2 hereof. TOUR will notify Xxxxxx Promptly promptly upon receipt of notice of any such claim. Upon such notice to Xxxxxx, Xxxxxx shall assume responsibility for the defense of the interests of the TOUR IndemnitiesIndemnitees.