Common use of Indemnification by FAST Clause in Contracts

Indemnification by FAST. FAST agrees to indemnify and hold harmless RESELLER, from and against any and all third party claims and resulting losses, costs, liabilities, and expenses (including reasonable attorney’s fees), arising as a result of or in connection with FAST’s breach of any of the representations and warranties in Section 9.1.1 or Section 9.1.2 or of any representation or warranty contained in a XXXX, provided (i) RESELLER promptly gives written notice of any claim to FAST; (ii) at FAST’s expense, RESELLER provides any assistance which FAST may reasonably request for the defense of the claim; and (iii) FAST has the right to control of the defense or settlement of the claim. Notwithstanding the foregoing, FAST shall not be obligated to indemnify RESELLER to the extent the claim would not have arisen but for RESELLER’s negligent or wrongful act or omission, or for claims arising out of the RESELLER’s XXXX if the RESELLER’s XXXX is less restrictive than FAST’s standard terms and conditions set forth in Schedule C.

Indemnification by FAST. FAST agrees to indemnify and hold harmless RESELLER, from and against any and all third party claims and resulting losses, costs, liabilities, and expenses (including reasonable attorney’s fees), arising as a result of or in connection with FAST’s breach of any of the representations and warranties in Section 9.1.1 or Section 9.1.2 or of any representation or warranty contained in a XXXXEXXX, provided (i) RESELLER promptly gives written notice of any claim to FAST; (ii) at FAST’s expense, RESELLER provides any assistance which FAST may reasonably request for the defense of the claim; and (iii) FAST has the right to control of the defense or settlement of the claim. Notwithstanding the foregoing, FAST shall not be obligated to indemnify RESELLER to the extent the claim would not have arisen but for RESELLER’s negligent or wrongful act or omission, or for claims arising out of the RESELLER’s XXXX EXXX if the RESELLER’s XXXX EXXX is less restrictive than FAST’s standard terms and conditions set forth in Schedule C.