Indemnification by CALLTECH Sample Clauses
Indemnification by CALLTECH. Subject to the limitations of liability provisions of this Agreement, CALLTECH agrees to indemnify and save harmless BLUEFLY from any liabilities, causes of action, lawsuits, penalties, claims or demands (including the costs, expenses and reasonable attorneys' fees on account thereof) that may be made:
(1) by anyone for injuries of any kind, including but not limited to personal injury, death, property damage and theft, resulting from CALLTECH's negligent or willful acts or omissions or those of persons furnished by CALLTECH, its agents or subcontractors; (2) resulting from use of CALLTECH's Services furnished hereunder; (3) resulting from CALLTECH's failure to perform its obligations hereunder; (4) as a result of CALLTECH'S violation of any federal, state or local law, rule or regulation; or (5) by any employee or former employee of CALLTECH or any of its agents or subcontractors for which the CALLTECH's, its agents' or subcontractors' liability to such employee or former employee would otherwise be subject to payments under the state Workers' Compensation or similar laws, or federal, state or local employment laws. CALLTECH, at its own expense, agrees to defend BLUEFLY, at BLUEFLY's request, against any such liability, cause of action, lawsuit, penalty, claim, or demand. BLUEFLY agrees to notify CALLTECH promptly of any written claims or demands against BLUEFLY for which CALLTECH is responsible hereunder. The foregoing indemnity shall be in addition to any other indemnity obligations of CALLTECH set forth in this Agreement.
Indemnification by CALLTECH. Subject to the limitations of liability set forth in Section 6.3.2 of this Agreement, CALLTECH agrees to indemnify and save harmless PRICELINE and its affiliates, and their respective officers, directors, shareholders, members, partners, employees, agents and other personnel, from any liabilities, causes of action, lawsuits, penalties, damages, claims or demands (including the costs and expenses and reasonable attorneys' fees on account thereof) that may be made: (i) by any person or entity for injuries or damages of any kind or nature (including but not limited to personal injury, death, property damage and theft) resulting from or relating to (x) the negligent or willful acts or omissions of CALLTECH, those of persons or entities furnished by CALLTECH, or CALLTECH's employees, CSRs, agents or subcontractors, (y) the use of CALLTECH's Services furnished hereunder, (ii) CALLTECH's breach of this Agreement or its failure to perform any obligation hereunder, or (iii) by any employee or former employee of CALLTECH or any of its CSRs, agents or subcontractors for which CALLTECH's liability to such person or entity would otherwise be subject to payments under state workers' compensation or similar laws. CALLTECH, at its own expense, agrees to defend PRICELINE, at PRICELINE's request, against any such liability, cause of action, lawsuit, penalty, claim, damage or demand. PRICELINE agrees to notify CALLTECH promptly of any written claims or demands against PRICELINE for which CALLTECH is responsible hereunder. The foregoing indemnity shall be in addition to any other indemnity obligations of CALLTECH set forth in this Agreement. PRIVATE/PROPRIETARY ------------------- CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE ▇▇▇▇▇▇▇▇▇.▇▇▇ LLC AND CALLTECH COMMUNICATIONS, INCORPORATED EXCEPT PURSUANT TO A WRITTEN AGREEMENT