Common use of INDEMNIFICATION BY PATHNET Clause in Contracts

INDEMNIFICATION BY PATHNET. PathNet agrees to indemnify, defend and hold harmless Incumbent 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: (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 by Incumbent to PathNet. (b) Any claims arising out of the untruth, inaccuracy or breach of any representation or warranty of PathNet set forth in this Agreement. (c) The liability of Incumbent for (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 third party (by contract or operation of law) or (iii) any fines, penalties, taxes, claims, demand charges, actions, causes of action assessments, environmental response costs, environmental penalties or injunctive obligations caused by, arising out of, or in any way incidental to, or in connection with, actions or omissions of PathNet, its officers, directors, employees, Subcontractors or agents. (d) The liability of Incumbent arising out of any or all obligations to or contracts with customers to purchase Excess Capacity.

INDEMNIFICATION BY PATHNET. PathNet Pathnet agrees to indemnify, defend and hold harmless Incumbent Texaco 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: (a) Any 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 Texaco by Incumbent Pathnet and due to PathNetthe act or omission of Pathnet, its officers or employees. (b) Any claims arising out of the untruth, inaccuracy or breach of any representation or warranty of PathNet Pathnet set forth in this Agreement. (c) The the liability of Incumbent Texaco for any (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 third party (by contract or operation of law) ), or (iii) any fines, penalties, taxes, claims, demand charges, actions, causes of action assessments, environmental response costs, environmental penalties or injunctive obligations caused by, arising out of, or in any way incidental to, or in connection with, actions or omissions of PathNetPathnet, its officers, directors, employees, Subcontractors or agents. (d) The the liability of Incumbent Texaco arising out of any or all obligations to or contracts with between Pathnet and its customers concerning the purchase of Excess Capacity and due to purchase Excess Capacitythe act or omission of Pathnet, its officers or employees.

INDEMNIFICATION BY PATHNET. PathNet Pathnet agrees to indemnify, defend and hold harmless Incumbent 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: (a) Any except as set forth in SECTION 13.1(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 by Incumbent Pathnet to PathNetIncumbent. (b) Any claims arising out of the untruth, inaccuracy or breach of any representation or warranty of PathNet Pathnet set forth in this Maintenance Agreement. (c) The the liability of Incumbent for any (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 third party (by contract or operation of law) ), or (iii) any fines, penalties, taxes, claims, demand charges, actions, causes of action assessments, environmental response costs, environmental penalties or injunctive obligations to the extent caused by, arising out of, or in any way incidental to, ; or in connection with, negligent actions or omissions or willful misconduct of PathNetPathnet, its officers, directors, employees, Subcontractors or agents. (d) The the liability of Incumbent arising out of any or all obligations to or contracts with customers to purchase Excess Capacity or Incumbent Excess Capacity.