Common use of Indemnification by IBM Clause in Contracts

Indemnification by IBM. If a third party claims that Materials or Base Components IBM provides to Customer infringe that party’s patent or copyright, IBM will defend the Customer and its employees, officers, and directors against that claim at IBM’s expense and pay all costs, damages, and reasonable attorneys’ fees that a court finally awards (or which IBM agrees in any final settlement), provided that Customer:

Indemnification by IBM. If a third party claims that Materials or Base Components IBM provides to Customer infringe that party’s patent 's patent, copyright, trademark, trade secret, service xxxx, or copyrightmask work right, IBM will defend the Customer and its employees, officers, and directors against that claim at IBM’s 's expense and pay all costs, damages, and reasonable attorneys’ ' fees that a court finally awards (or which IBM agrees in any final settlement), provided that Customer:

Indemnification by IBM. If a third party claims or threatens a claim that Materials or Base Components IBM provides to Customer or uses in connection with the performance of the Services infringe that party’s patent or 's patent, trademark, copyright, or trade secret, then IBM will indemnify, defend and hold harmless the Customer Customer, its Enterprise and its their respective employees, officers, agents and directors against that claim or threatened claim at IBM’s 's expense and pay all costs, damages, penalties and reasonable attorneys’ ' fees that a court finally awards in connection with that claim (or which IBM agrees in any final settlement), ) provided that Customer: