Common use of Defense and Indemnity Clause in Contracts

Defense and Indemnity. Subject to Sections 6.2, 6.3, and 6.4 below, Avaya will defend and indemnify Customer for any judgments, settlements and court awarded attorneys’ fees resulting from a Claim, provided Customer: (a) Promptly notifies Avaya of the Claim in writing upon becoming aware of a potential Claim; (b) Gives Avaya sole authority and control of the defense and settlement of the Claim; and (c) Provides information and assistance reasonably requested by Avaya to defend against or settle the Claim.

Appears in 3 contracts

Samples: Software License and Services Agreement, Software License and Services Agreement, Software License and Services Agreement

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Defense and Indemnity. Subject to Sections 6.2, 6.3, and 6.4 below, Avaya will defend and indemnify Customer for any judgments, settlements and court awarded attorneys’ fees resulting from a Claim, provided Customer: (a) Promptly notifies Avaya of the Claim in writing upon becoming aware of a potential Claim; (b) Gives Avaya sole authority and control of the defense and settlement of the Claim; and (c) Provides information and assistance reasonably requested by Avaya to defend against or settle the Claim.

Appears in 1 contract

Samples: Software License and Services Agreement

Defense and Indemnity. Subject to Sections 6.2, 6.3, and 6.4 below, Avaya will defend and indemnify Customer for any judgments, settlements and court awarded attorneys’ legal fees resulting from a Claim, provided Customer: (a) Promptly notifies Avaya of the Claim in writing upon becoming aware of a potential Claim; (b) Gives Avaya sole authority and control of the defense and settlement of the Claim; and (c) Provides information and assistance reasonably requested by Avaya to defend against or settle the Claim.

Appears in 1 contract

Samples: Software License and Services Agreement

Defense and Indemnity. Subject to Sections 6.2, 6.3, and 6.4 below, Avaya will defend and indemnify Customer for any judgments, settlements and court awarded attorneys’ fees resulting from a Claim, provided Customer: (a) Promptly notifies Avaya Xxxxx of the Claim in writing upon becoming aware of a potential Claim; (b) Gives Avaya sole authority and control of the defense and settlement of the Claim; and (c) Provides information and assistance reasonably requested by Avaya to defend against or settle the Claim.

Appears in 1 contract

Samples: Software License and Services Agreement

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Defense and Indemnity. Subject to Sections 6.2, 6.3, and 6.4 9.2-9.4 below, Avaya will defend and indemnify Customer for any judgments, settlements and court awarded attorneys’ attorney’s fees resulting from a Claim, provided Customer: (a) Promptly notifies Avaya of the Claim in writing that, upon becoming aware of a potential Claim; (b) Gives , Customer promptly notifies Avaya of the Claim in writing, gives Avaya sole authority and control of the defense and settlement of the Claim; and (c) Provides , provided that Customer’s legal counsel may participate in such defense and settlement, at Customer’s expense, and provides information and assistance reasonably requested by Avaya to defend against or settle the Claim.

Appears in 1 contract

Samples: Vendor Agreement

Defense and Indemnity. Subject to Sections 6.2, 6.3, and 6.4 below, Avaya will defend and indemnify Customer for any judgments, settlements and court awarded attorneys’ fees resulting from a Claim, provided Customer: (a) Promptly notifies Avaya Xxxxx of the Claim in writing upon becoming aware of a potential Claim; (b) Gives Avaya sole authority and control of the defense and settlement of the Claim; and (c) Provides information and assistance reasonably requested by Avaya to defend against or settle the Claim.

Appears in 1 contract

Samples: Software License and Services Agreement

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