Common use of By Yahoo Clause in Contracts

By Yahoo. Yahoo, at its own expense, will indemnify, defend and hold harmless ARTISTdirect and its employees, representatives, agents and affiliates against any claim, demand, action or other proceeding brought by any third party against ARTISTdirect to the extent that such claim, demand, action or other proceeding is based on, or arises out of, a claim that any Yahoo Brand Feature (a) infringes in any manner any copyright, patent, trademark, trade secret or any other intellectual property right of any third party; (b) is or contains any material or information that is obscene, defamatory, libelous, slanderous, or that violates any law or regulation; (c) violates any rights of any person or entity, including but not limited to rights of publicity, privacy or personality; (d) has resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any third party; or (e) is subject to any fees, royalties, licenses or any other payments to any third party; provided, however, that in any such case: (1) ARTISTdirect provides Yahoo with prompt written notice of any such claim; (2) ARTISTdirect permits Yahoo to assume and control the defense of such action or proceeding upon Yahoo's written notice to ARTISTdirect of its intention to indemnify; and (3) upon Yahoo's written request, and at no expense to ARTISTdirect, ARTISTdirect will provide Yahoo with all available information and assistance reasonably necessary for Yahoo to defend such claim. Yahoo will not enter into any settlement or compromise of any such claim, which settlement or compromise would result in any liability to ARTISTdirect, without ARTISTdirect's prior written consent, which will not be unreasonably withheld. Yahoo will pay any and all costs, damages and expenses, including but not limited to reasonable attorneys' fees and costs awarded against or otherwise incurred by ARTISTdirect in connection with or arising from any such claim, demand, action or other proceeding.

By Yahoo. Yahoo, at its own expense, will indemnify, defend and -------- hold harmless ARTISTdirect DoveBid and its employees, representatives, agents and affiliates from and against any claim, demand, action or other proceeding brought by any third party against ARTISTdirect DoveBid to the extent that such claim, demand, action or other proceeding is based on, or arises out of, a claim that any Yahoo Brand Feature Feature (a1) infringes in any manner any copyright, patent, trademark, trade secret or any other intellectual property right of any third party; party or (b) is or contains any material or information that is obscene, defamatory, libelous, slanderous, or that violates any law or regulation; (c) violates any rights of any person or entity, including but not limited to rights of publicity, privacy or personality; (d) has resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any third party; or (e2) is subject to any fees, royalties, licenses or any other payments to any third party; provided, however, that in any such case: case (1) ARTISTdirect DoveBid provides Yahoo with prompt written notice of any such claim; (2) ARTISTdirect DoveBid permits Yahoo to assume and control the defense of such *Confidential portions have been omitted from this public filing and have been filed separately with the Securities Exchange Commission. action or proceeding upon Yahoo's written notice to ARTISTdirect DoveBid of its intention to indemnify; and (3) upon Yahoo's written request, and at no expense to ARTISTdirectDoveBid, ARTISTdirect DoveBid will provide Yahoo with all available information and assistance reasonably necessary for Yahoo to defend such claim. Yahoo will not enter into any settlement or compromise of any such claim, which settlement or compromise would result in any liability to ARTISTdirectDoveBid, without ARTISTdirectDoveBid's prior written consent, which will not be unreasonably withheld. Yahoo will pay any and all costs, damages and expenses, including but not limited to reasonable attorneys' fees and costs awarded against or otherwise incurred by ARTISTdirect DoveBid in connection with or arising from any such claim, demand, action or other proceeding.