Common use of Indemnification by Intek Clause in Contracts

Indemnification by Intek. Subject to the provisions of this ARTICLE ------------------------ 8, Intek agrees to indemnify, defend and hold each of the Shareholders harmless against, and will reimburse the Shareholders on demand for, any Damages (as defined in Section 8.1) sustained or incurred by any of the Shareholders as a result of, arising out of or by virtue of any misrepresentation, breach of any warranty or representation, or non-fulfillment of any agreement CONFIDENTIAL TREATMENT OF REDACTED PORTIONS APPLIED FOR or covenant on the part of Intek, whether contained in this Agreement, any Document or any exhibit or schedule hereto or thereto or any written statement or certificate furnished or be to furnished to Intek pursuant hereto or in any Document delivered by Intek to Acorn or the Shareholders in connection herewith. The procedures set forth in Sections 8.2 and 8.3 shall be applied mutatis ------- mutandis to any claim under this Section by a Shareholder, and the Shareholders -------- shall be the "Intek Indemnitees" and "Indemnified Party" for such purposes and Intek shall be the "Shareholders." Such obligations apply regardless of the presence of a Third Party Claim.

Indemnification by Intek. Subject to the provisions of this ARTICLE ------------------------ 8Article VII, Intek agrees to indemnify, defend indemnify and hold each of the Shareholders harmless against, and will reimburse the Shareholders on demand for, any Damages (as defined in Section 8.17.1) sustained or incurred by any of the Shareholders as a result of, arising out of or by virtue of any misrepresentation, breach of any warranty or representation, or non-fulfillment of any agreement CONFIDENTIAL TREATMENT OF REDACTED PORTIONS APPLIED FOR or covenant on the part of Intek, whether contained in this Agreement, any Document or any exhibit or schedule hereto or thereto or any written statement or certificate furnished or be to furnished to Intek pursuant hereto or in any Document closing document delivered by Intek to Acorn or the Shareholders in connection herewith. The procedures set forth in Sections 8.2 7.2 and 8.3 7.3 shall be applied mutatis ------- mutandis to any claim under this Section by a Shareholder, and the Shareholders -------- Shareholder shall be the "Intek Indemnitees" and "Indemnified Indemnifying Party" for such purposes and Intek shall be the "ShareholdersProtocall Party" or "Shareholder." Such obligations apply regardless of the presence of a Third Party Claim.