Common use of Customer Obligation Clause in Contracts

Customer Obligation. Customer will: (a) defend ServiceNow and ServiceNow Affiliates, and its and their officers, directors, and employees against any Claim to the extent alleging that Customer Data, Customer Technology, or a modification to any ServiceNow Core Technology made to Customer’s specifications or otherwise made by or on behalf of Customer by any person other than ServiceNow or a person acting at ServiceNow’s direction (but only if the Claim would have been avoided by use of the unmodified ServiceNow Core Technology), infringes any patent, copyright, or trademark, misappropriates any third-party trade secret, or violates any third- party privacy rights; and (b) pay any settlement amount or any court-ordered award of damages, under the foregoing subsection (a) to the extent arising from such Claim.

Appears in 6 contracts

Samples: Subscription Service Agreement, Ordering Agreement, Subscription Service Agreement

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Customer Obligation. Customer willshall: (ai) defend ServiceNow and ServiceNow AffiliatesPOWERSTACKS, and its and their officers, directors, directors and employees against any Claim to the extent alleging that that: (A) Customer Data, (B) Customer Technology, Technology or (C) a modification to any ServiceNow Core Technology the Subscription Service made to Customer’s specifications or otherwise made by or on behalf of Customer by any person other than ServiceNow POWERSTACKS or a person acting at ServiceNowPOWERSTACKS’s direction (but only if the Claim would have been avoided by use of the unmodified ServiceNow Core TechnologySubscription Service), infringes any patent, copyright, copyright or trademark, misappropriates any third-third party trade secret, or violates any third- third party privacy rights; and (bii) pay any settlement amount or any court-ordered award of damages, under the foregoing subsection (a) damages or settlement amount to the extent arising from such Claim.

Appears in 2 contracts

Samples: Subscription Service Agreement, Subscription Service Agreement

Customer Obligation. Customer will: (a) defend ServiceNow Continuity and ServiceNow Continuity Affiliates, and its and their officers, directors, and employees against any Claim to the extent alleging that Customer Data, Customer Technology, or a modification to any ServiceNow Continuity Core Technology made to Customer’s specifications or otherwise made by or on behalf of Customer by any person other than ServiceNow Continuity or a person acting at ServiceNowContinuity’s direction (but only if the Claim would have been avoided by use of the unmodified ServiceNow Continuity Core Technology), infringes any patent, copyright, or trademark, misappropriates any third-party trade secret, or violates any third- third-party privacy rights; and (b) pay any settlement amount or any court-ordered award of damages, under the foregoing subsection (a) to the extent arising from such Claim.

Appears in 2 contracts

Samples: Subscription Service Agreement, Subscription Service Agreement

Customer Obligation. Customer will: (a) defend ServiceNow and ServiceNow Affiliates, and its and their officers, directors, and employees against any Claim to the extent alleging that Customer Data, Customer Technology, or a modification to any ServiceNow Core Technology made to Customer’s specifications or otherwise made by or on behalf of Customer by any person other than ServiceNow or a person acting at ServiceNow’s direction (but only if the Claim would have been avoided by use of the unmodified ServiceNow Core Technology), infringes any patent, copyright, or trademark, misappropriates any third-party trade secret, or violates any third- third-party privacy rights; and (b) pay any settlement amount or any court-ordered award of damages, under the foregoing subsection (a) to the extent arising from such Claim.

Appears in 2 contracts

Samples: Ordering Agreement, Ordering Agreement

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Customer Obligation. Customer willshall: (ai) defend ServiceNow and ServiceNow AffiliatesFATSTACKS, and its and their officers, directors, directors and employees against any Claim to the extent alleging that that: (A) Customer Data, (B) Customer Technology, Technology or (C) a modification to any ServiceNow Core Technology the Subscription Service made to Customer’s specifications or otherwise made by or on behalf of Customer by any person other than ServiceNow FATSTACKS or a person acting at ServiceNowFATSTACKS’s direction (but only if the Claim would have been avoided by use of the unmodified ServiceNow Core TechnologySubscription Service), infringes any patent, copyright, copyright or trademark, misappropriates any third-third party trade secret, or violates any third- third party privacy rights; and (b) pay any settlement amount or any court-ordered award of damages, under the foregoing subsection (a) to the extent arising from such Claim.and

Appears in 1 contract

Samples: Subscription Service Agreement

Customer Obligation. Customer will: (a) defend ServiceNow and ServiceNow Affiliates, and its and their officers, directors, and employees against any Claim to the extent alleging that Customer Data, Customer Technology, or a modification to any ServiceNow Core Technology made to Customer’s specifications or otherwise made by or on behalf of Customer by any person other than ServiceNow or a person acting at ServiceNow’s direction (but only if the Claim would have been avoided by use of the unmodified ServiceNow Core Technology), infringes any patent, copyright, or trademark, misappropriates any third-party trade secret, or violates any third- party privacy rights; and (b) pay any settlement amount or any court-ordered award of damages, under the foregoing subsection (a) to the extent arising from such Claim.Claim.‌

Appears in 1 contract

Samples: Master Subscription Service Agreement

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