Common use of Indemnification by CA Clause in Contracts

Indemnification by CA. CA will indemnify, defend, and/or at its option, settle any third party claims that the CA Offering as used per the Documentation infringes or misappropriates any third party valid patent, copyright or trademark or illegally misappropriates a third party’s trade secret within the jurisdictions in which Customer is authorized to use the CA Offering. CA may, at its option and expense: (i) procure for Customer the right to continue to use the applicable CA Offering; (ii) repair, modify or replace the CA Offering so that it is no longer infringing; or (iii) terminate the Agreement for the applicable CA Offering upon thirty (30) days’ notice and in respect of SaaS, refund any unused prepaid fees calculated against the remainder of the subscription term as of the effective date of such termination and in respect of the Services provide a pro-rata refund of the fees paid for the Services or Deliverable(s) that caused such infringement.

Indemnification by CA. CA will indemnify, defend, and/or at its option, settle any third party claims that the CA Offering as used per the Documentation infringes or misappropriates any third party valid patent, copyright or trademark or illegally misappropriates a third party’s trade secret within the jurisdictions in which Customer is authorized to use the CA Offering. CA may, at its option and expense: (i) procure for Customer the right to continue to use the applicable CA Offering; (ii) repair, modify or replace the CA Offering so that it is no longer infringing; or (iii) terminate the Agreement for the applicable CA Offering upon thirty (30) days’ notice and in respect of SaaS, refund any unused prepaid fees calculated against the remainder of the subscription term as of the effective date of such termination and in respect of the Services provide a pro-pro- rata refund of the fees paid for the Services or Deliverable(s) that caused such infringement.