Common use of Defense of Infringement Claims Clause in Contracts

Defense of Infringement Claims. Provider will, at its expense, either defend Customer from or settle any claim, proceeding, or suit (“Claim”) brought by a third party against Customer alleging that Customer’s use of the Platform infringes or misappropriates any United States patent, copyright, or trade secret during the applicable Subscription Term if: (a) Customer gives Provider prompt written notice of the Claim; (b) Customer grants Provider full and complete control over the defense and settlement of the Claim; (c) Customer provides assistance in connection with the defense and settlement of the Claim as Provider may reasonably request; and (d) Customer complies with any settlement or court order made in connection with the Claim (e.g., relating to the future use of the Platform). Customer will not defend or settle any Claim relating to the Technology without Provider’s prior written consent. Customer will have the right to participate in the defense of the Claim at its own expense and with counsel of its own choosing, but Provider will have sole control over the defense and settlement of the Claim.

Defense of Infringement Claims. Provider will, at its expense, either defend Customer from or settle any claim, proceeding, or suit (“Claim”) brought by a third party against Customer alleging that Customer’s use of the Platform infringes or misappropriates any United States patent, copyright, or trade secret during the applicable Subscription Term if: (a) Customer gives Provider prompt written notice of the Claim; (b) Customer grants Provider full and complete control over the defense and settlement of the Claim; (c) Customer provides assistance in connection with the defense and settlement of the Claim as Provider may reasonably request; and (d) Customer complies with any settlement or court order made in connection with the Claim (e.g., relating to the future use of the Platform). Customer will not defend or settle any Claim relating to the Technology without Provider’s prior written consent. Customer will have the right to participate in the defense of the Claim at its own expense and with counsel of its own choosing, but Provider will have sole control over the defense and settlement of the Claim.Claim.‌