Common use of Duty to Defend Clause in Contracts

Duty to Defend. RSA agrees that it shall at its own expense, defend, or at its option settle, any action instituted against You, and pay any award or damages assessed against You or agreed by RSA to be paid in settlement resulting from such action, insofar as the same is based upon a claim that any RSA Software used in accordance with the terms of this Agreement infringes any United States copyright, United States trade secret, or a claim that RSA has no right to license the RSA Software hereunder, provided that You give RSA: (i) prompt notice in writing of such action; (ii) the right to control and direct the investigation, preparation, defense and settlement of the action; and (iii) reasonable assistance and information.

Duty to Defend. RSA agrees that it shall shall, at its own expense, defend, or at its option settle, any action instituted against YouOEM, and pay any award or damages assessed or settled upon against You or agreed by RSA to be paid in settlement OEM resulting from such action, insofar as the same is based upon a claim that any RSA Licensed Software used in accordance with within the terms of this Agreement and the applicable License/Product Schedule infringes any United States copyrightpatent, United States copyright or trade secret, secret or a claim that RSA has no right to license the RSA Licensed Software hereunder, provided that You give OEM gives RSA: (i) prompt notice in writing of such action; , (ii) the right to control and direct the investigation, preparation, defense and settlement of the action; and (iii) reasonable assistance and information.

Duty to Defend. RSA agrees that it shall shall, at its own expense, defend, or at its option settle, any action instituted against YouOEM, and pay any award or damages assessed or settled upon against You or agreed by RSA to be paid in settlement OEM resulting from such action, insofar as the same is based upon a claim that any RSA Licensed Software used in accordance with within the terms of this Agreement and the applicable License/Product Schedule infringes any United States copyrightpatent, United States copyright or trade secret, secret or a claim that RSA has no right to license the RSA Licensed Software hereunder, provided that You give OEM gives RSA: (i) prompt notice in writing of such action; action (ii) the right to control and direct the investigation, preparation, defense and settlement of the action; and (iii) reasonable assistance and information.

Duty to Defend. RSA agrees that it shall shall, at its own expense, defend, -------------- or at its option settle, any action instituted against YouOEM, and pay any award or damages assessed or settled upon against You or agreed by RSA to be paid in settlement OEM resulting from such action, insofar as the same is based upon a claim that any RSA Licensed Software used in accordance with within the terms of this Agreement and the applicable License/Product Schedule infringes any United States copyrightpatent, United States copyright or trade secret, secret or a claim that RSA has no right to license the RSA Licensed Software hereunder, provided that You give OEM gives RSA: ; (i) prompt notice in writing of such action; , (ii) the right to control and direct the investigation, preparation, defense and settlement of the action; and (iii) reasonable assistance and information.

Duty to Defend. RSA agrees that it shall shall, at its own expense, defend, or at its option settle, any action instituted against YouOEM, and pay any award or damages assessed against You OEM or agreed by RSA to be paid by OEM in settlement resulting from such action, insofar as the same is based upon a claim that any RSA Software used in accordance with the terms of this Agreement infringes any United States copyrightpatent, United States copyright or trade secret, secret or a claim that RSA has no right to license the RSA Software hereunder, provided that You give OEM gives RSA: ; (i) prompt notice in writing of such action; , (ii) the right to control and direct the investigation, preparation, defense and settlement of the action; and (iii) reasonable assistance and information.

Duty to Defend. RSA agrees that it shall shall, at its own expense, defend, or at its option settle, any action instituted against You, and pay any award or damages assessed against You or agreed by RSA to be paid in settlement resulting from such action, insofar as the same is based upon a claim that any RSA Software used in accordance with the terms of this Agreement infringes any United States copyright, United States trade secret, patent or a claim that RSA has no right to license the RSA Software hereunder, provided that You give RSA: (i) prompt notice in writing of such action; , (ii) the right to control and direct the investigation, preparation, defense and settlement of the action; and (iii) reasonable assistance and information.