INDEMNIFICATION BY INCUMBENT. Incumbent agrees to indemnify, defend and hold harmless PathNet and its Affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any and all Losses and threatened Losses arising from, in connection with, or based on allegations of, any of the following: 14.1.1 Any claims of infringement of any patent, trade secret, copyright or other proprietary rights alleged to have occurred because of systems or other resources provided to PathNet by Incumbent. 14.1.2 Any claims arising out of the untruth, inaccuracy or breach of any representation or warranty of Incumbent set forth in this Agreement. (i) Any personal injury, disease or death of any Person, (ii) damage to or loss of any property, money damages or specific performance owed to any Person (by contract or operation of law) or (iii) any fines, penalties, taxes, claims, demands, charges, actions, causes of action, assessments, environmental response costs, environmental penalties, injunctive obligations caused by, arising out of, or in any way incidental to, or in connection with, actions or omissions of Incumbent, its employees, Subcontractors or agents.
Appears in 2 contracts
Samples: Fixed Point Microwave Services Agreement (Pathnet Inc), Fixed Point Microwave Services Agreement (Pathnet Inc)
INDEMNIFICATION BY INCUMBENT. Incumbent agrees to indemnify, defend and hold harmless PathNet Pathnet and its Affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any and all Losses and threatened Losses arising from, in connection with, or based on allegations of, any of the following:
14.1.1 Any (a) any claims of infringement of any patent, trade secret, copyright or other proprietary rights alleged to have occurred because of systems or other resources provided to PathNet Incumbent by IncumbentPathnet.
14.1.2 Any claims arising out of (b) the untruth, inaccuracy or breach of any representation or warranty of Incumbent set forth in this Agreement.
(c) the liability of Pathnet for (i) Any any personal injury, disease or death of any Personperson, (ii) damage to or loss of any property, money damages or specific performance owed to any Person third party (by contract or operation of law) ), or (iii) any fines, penalties, taxes, claims, demands, charges, actions, causes of action, assessments, environmental response costs, environmental penalties, injunctive obligations caused by, arising out of, or in any way incidental to, or in connection with, actions or omissions of Incumbent, its employees, Subcontractors or agents.
Appears in 1 contract
Samples: Fixed Point Microwave Services Agreement (Pathnet Inc)
INDEMNIFICATION BY INCUMBENT. Incumbent agrees to indemnify, defend and hold harmless PathNet Pathnet and its Affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any and all Losses and threatened Losses arising from, in connection with, or based on allegations of, any of the following:
14.1.1 (a) Any claims of infringement of any patent, trade secret, copyright or other proprietary rights alleged to have occurred because of systems or other resources provided to PathNet Pathnet by Incumbent.
14.1.2 Any claims arising out of the (b) The untruth, inaccuracy or breach of any representation or warranty of Incumbent set forth in this Agreement.
(c) The liability of Pathnet for (i) Any any personal injury, disease or death of any Person, (ii) damage to or loss of any property, money damages or specific performance owed to any Person (by contract or operation of law) ), or (iii) any fines, penalties, taxes, claims, demands, charges, actions, causes of action, assessments, environmental response costs, environmental penalties, injunctive obligations caused by, arising out of, or in any way incidental to, or in connection with, actions or omissions of Incumbent, its employees, Subcontractors or agents.
Appears in 1 contract
Samples: Maintenance and Provisioning Services Agreement (Pathnet Inc)