Common use of Indemnification by Participant Clause in Contracts

Indemnification by Participant. Participant shall be liable to, indemnify, defend and hold harmless FINRA its, employees, directors, and other agents against, any and all Claims or Losses imposed on, incurred by or asserted against FINRA, its employees, directors, and other agents arising out of or in connection with this Agreement and access, receipt or use of the Service, including all Testing Services, provided pursuant hereto to the extent that the Claims and Losses result from (i) acts or omissions of the Participant or its Users, (ii) breach of this Agreement by Participant or its Users, (iii) Participant’s or its Users’ access, receipt or use of the Service (including representations about the Service), (iv) as a result of a claim by a third party to intellectual property rights related to Participant's hardware, software, or services used with the Services or use of the Services in combination with the Participant's hardware, software, or services, including any claim alleging contributory infringement, or (v) any defense of or participation by FINRA its, employees, directors, and other agents in any action, suit, arbitration, mediation, judicial or administrative proceeding, or any other proceeding involving any Claims or Losses described in this Agreement caused by or related to any act or omission by Participant or any party obtaining access to the Service or Testing Services intentionally, knowingly or negligently from or through Participant.

Indemnification by Participant. Participant shall be liable to, indemnify, defend and hold harmless FINRA its, employees, directors, and other agents against, any and all Claims or Losses imposed on, incurred by or asserted against FINRA, its employees, directors, and other agents arising out of or in connection with this Agreement and access, receipt or use of the Service, including all Testing Services, provided pursuant hereto to the extent that the Claims and Losses result from (i) acts or omissions of the Participant or its Usersusers, (ii) breach of this Agreement by Participant or its Usersusers, (iii) Participant’s or its Usersusers’ access, receipt or use of the Service (including representations about the Service), ) (iv) as a result of a claim by a third party to intellectual property rights related to Participant's hardware, software, or services used with the Services or use of the Services in combination with the Participant's hardware, software, or services, including any claim alleging contributory infringementagainst any of the Corporations as an aider, abetter or contributing infringer; or (v) any defense of or participation by FINRA its, employees, directors, and other agents in any action, suit, arbitration, mediation, judicial or administrative proceeding, or any other proceeding involving any Claims or Losses described in this Agreement caused by or related to any act or omission by Participant or any party obtaining access to the Service or Testing Services intentionally, knowingly or negligently from or through Participant.

Indemnification by Participant. Participant shall be liable to, indemnify, defend and hold harmless FINRA its, employees, directors, and other agents against, any and all Claims or Losses imposed on, incurred by or asserted against FINRA, its employees, directors, and other agents arising out of or in connection with this Agreement and access, receipt or use of the Service, including all Testing Services, provided pursuant hereto to the extent that the Claims and Losses result from (i) acts or omissions of the Participant or its UsersusersUsers, (ii) breach of this Agreement by Participant or its UsersusersUsers, (iii) Participant’s or its UsersusersUsers’ access, receipt or use of the Service (including representations about the Service), (iv) as a result of a claim by a third party to intellectual property rights related to Participant's hardware, software, or services used with the Services or use of the Services in combination with the Participant's hardware, software, or services, including any claim alleging against any of the Corporations as an aider, abetter or contributing infringer;alleging contributory infringement, or (v) any defense of or participation by FINRA its, employees, directors, and other agents in any action, suit, arbitration, mediation, judicial or administrative proceeding, or any other proceeding involving any Claims or Losses described in this Agreement caused by or related to any act or omission by Participant or any party obtaining access to the Service or Testing Services intentionally, knowingly or negligently from or through Participant.