Customer’s Indemnities. The Customer indemnifies OptiComm, and will keep OptiComm fully indemnified, from and against any Loss suffered or incurred by OptiComm in connection with:
Customer’s Indemnities. The Customer shall indemnify, defend and hold harmless the Operator, its respective officers, employees and agents against:
Customer’s Indemnities. 16.1 Subject to the Provider fulfilling all the conditions in this clause 16, the Customer shall indemnify the Provider against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by the Provider arising out of or in connection with:
Customer’s Indemnities. The Customer indemnifies Commsco, and will keep Commsco fully indemnified, from and against any Loss suffered or incurred by Commsco in connection with:
Customer’s Indemnities. The Customer indemnifies CommSol Holdings and will keep CommSol Holdings fully indemnified, from and against any Loss suffered or incurred by CommSol Holdings in connection with:
Customer’s Indemnities. Customer shall indemnify, defend and hold harmless Provider, and their respective successors and assigns, and its and their respective officers, directors, employees, sublicensees, customers and agents (each, a “Provider Indemnitee”) from and against any third-party claims, suits actions, demands, losses, damages, liabilities, costs and damages (including reasonable attorneys’ fees, expert fees’ and court costs) based upon: (a) any unauthorized use of the Subscription Service or the Provider System; (b) a breach of Customer’s representations and warranties in Section 3.2 (Content Representations and Warranties) and Section 9 (Representations, Warranties and Covenants); (c) the failure by Customer to comply with applicable laws or regulations;
Customer’s Indemnities. TO THE EXTENT PERMITTED BY LAW, CUSTOMER WILL INDEMNIFY, DEFEND AND HOLD HARMLESS HOLTFROM ANY AND ALL CLAIM, EXPENSE, CAUSE OF ACTION, DAMAGE, LIABILITY, COST, PENALTY, TAX, ASSESSMENT, CHARGE, PUNITIVE DAMAGE OR EXPENSE, INCLUDING, BUT NOT LIMITED TO, THE ACCOUNT OF XXXX OR CUSTOMERS: (1) RELATING TO THE EQUIPMENT OR ANY PART THERINECOLFU, DING, WITHOUT LIMITATION, THE MANUFACTURE, CONSTRUCTION, PURCHASE, DELIVEARCYC,EPTANCE OR REJECTION, INSTALLATION, OWNERSHIP, SALE, LEASING, REMOVAL OR RETURONF THE EQUIPMENT, OR RESULTING FROM THE USE, MAINTENANCE, REPAIR, REPLACEMENOTP,ERATION OR THE CONDITION THEREOF (WHETHER DEFECTS ARE LATENT OR DISCOVERABLE) OR(2) BY REASON OF OR AS A RESULT OF ANY ACT OR OMISSION OF CUSTOMER, OR ANY AUTHORIZED OR UN-AUTHORIZED SUBLESSEE OR USER OF CUSTOMER'S, OR XXXX (THE "INDEMNIFIED CLAIMS"). CUSTOMER SHALL COOPERATE FULLY WITH XXXX AND ALL INSURERS IN THE INVESTIGATION AND DEFENSE OF ANY CLAIMS OR SUITS ARISING FROM THE OPERATION OF THE EQUIPMENT. CUSTOMER WILL PROVIDE THIS INDEMNIFICATION, DEFENSE AND HOLD HARMLESS FROM THE DATE THE INDEMNIFIED CLAIMS ARE FIRST MADE, UNTIL THERE IS A FINDING OF FACT BY AN ARBITRAJTUORRY, OR INDEPENDENT TRIER OF FACT THAT XXXX WAS NEGLIGENT OR OTHERWISE AT FAULT, ANDRESPONSIBLE FOR SOME PORTION OF THE DAMAGES, AFTER WHICH XXXX WILL ASSUME THE COSTOF ITS OWN DEFENSE. XXXX MAY SELECT AND DIRECT THE COUNSEL WHO DEFENDS XXXX IN THIENDEMNIFIED CLAIMS. CUSTOMER WILL HAVE NO RIGHT OF REIMBURSEMENT FROM XXXX FOR ANYDAMAGES PAID OR INCURRED PRIOR TO THE DATE OF SUCH FINDING OF FACT.
Customer’s Indemnities. Customer shall indemnify, defend and hold harmless Provider, and their respective successors and assigns, and its and their respective officers, directors, employees, sublicensees, customers and agents (each, a “Provider Indemnitee”) from and against any third-party claims, suits actions, demands, losses, damages, liabilities, costs and damages (including reasonable attorneys’ fees, expert fees’ and court costs) based upon: (a) any unauthorized use of the Subscription Service or the Provider System; (b) a breach of Customer’s representations and warranties in Section 3.2. (Content Representations and Warranties) and Section 9. (Representations, Warranties and Covenants); (c) the failure by Customer to comply with applicable laws or regulations; (d) a breach of Customer’s confidentiality obligations as set forth in Section 8. (Confidentiality) above; (e) any claim relating to gross negligence or willful misconduct on the part of Customer, its Authorized Users, personnel, subcontractors and/or agents, including for personal injury, death or damage to property; (f) any conduct or transactions of Customer, its Authorized Users, personnel, subcontractors and/or agents in connection with other Members of the Subscription Service; (g) any products or services sold or provided by, to or for the benefit of Customer via the Subscription Service; and (h) the Excluded Claims.
