Common use of Indemnification by Logicalis Clause in Contracts

Indemnification by Logicalis. Subject to the terms and conditions in this Agreement, Logicalis will, at its cost, (i) defend Customer and its officers, directors, shareholders, employees, agents, successors and assigns (collectively the “Customer Indemnified Parties”) from and against any claim, suit, action, or proceeding (threatened or otherwise) (each a “Claim”) made or brought by a third party against Customer Indemnified Parties to the extent based upon (a) any breach by Logicalis of any of it representations and warranties under Section 9.1; (b) real property damage or personal injury, including death, solely and directly caused by Logicalis’ employees or contractors in the course of performance under this Agreement; (c) any breach by Logicalis of Section 7 but only with respect to the Disclosure of Confidential Information and to the extent the Disclosure is the result of actions predominantly attributable to Logicalis; (d) any uncured breach by Logicalis of its obligations under Section 5; and (e) any allegation that Customer’s receipt of the Services under this Agreement infringes any of such third party’s copyrights, or any such third party’s patents issued in the United States as of the Effective Date, or misappropriates any of such third party’s trade secrets (each an “IP Claim”); and (ii) Logicalis shall pay any final award of damages (or settlement amount approved by Logicalis in writing and) paid to the third party that brought any such Claim.

Indemnification by Logicalis. Subject to the terms and conditions in this Agreement, Logicalis will, at its cost, (i) defend Customer and its officers, directors, shareholders, employees, agents, successors and assigns (collectively the “Customer Indemnified Parties”) from and against any claim, suit, action, or proceeding (threatened or otherwise) (each a “Claim”) made or brought by a third party against Customer Indemnified Indemnfied Parties to the extent based upon (a) any breach by Logicalis of any of it representations and warranties under Section 9.1; (b) real property damage or personal injury, including death, solely and directly caused by Logicalis’ employees or contractors in the course of performance under this Agreement; (c) any breach by Logicalis of Section 7 but only with respect to the Disclosure of Confidential Information and to the extent the Disclosure is the result of actions predominantly attributable to Logicalis; (d) any uncured breach by Logicalis of its obligations under Section 5; and (e) any allegation that Customer’s receipt of the Services under this Agreement infringes any of such third party’s copyrights, or any such third party’s patents issued in the United States as of the Effective Date, or misappropriates any of such third party’s trade secrets (each an “IP Claim”); and (ii) Logicalis shall pay any final award of damages (or settlement amount approved by Logicalis in writing and) paid to the third party that brought any such Claim.

Indemnification by Logicalis. Subject to the terms and conditions in this Agreement, Logicalis will, at its cost, (i) defend Customer and its officers, directors, shareholders, employees, agents, successors and assigns (collectively the “Customer Indemnified Parties”) from and against any claim, suit, action, or proceeding (threatened or otherwise) (each a “Claim”) made or brought by a third party against Customer Indemnified Parties to the extent based upon (a) any breach by Logicalis of any of it representations and warranties under Section 9.1; (b) real property damage or personal injury, including death, solely and directly caused by Logicalis’ employees or contractors in the course of performance under this Agreement; (c) any breach by Logicalis of Section 7 but only with respect to the Disclosure of Confidential Information and to the extent the Disclosure is the result of actions predominantly attributable to Logicalis; (d) any uncured breach by Logicalis of its obligations under Section 5; (e) any breach by Logicalis of Section 13.2; and (ef) any allegation that Customer’s receipt of the Services under this Agreement infringes any of such third party’s copyrights, or any such third party’s patents issued in the United States as of the Effective Date, or misappropriates any of such third party’s trade secrets (each an “IP Claim”); and (ii) Logicalis shall pay any final award of damages (or settlement amount approved by Logicalis in writing and) paid to the third party that brought any such Claim.