Common use of Indemnification by SAP Clause in Contracts

Indemnification by SAP. (a) SAP shall defend Licensee against claims brought against Provider in the Territory where such claim (i) is brought by a third party owner of the intellectual property giving rise to the claim and (ii) alleges that Provider’s distribution of the Software in accordance with the terms and conditions of this Agreement constitutes a direct infringement or misappropriation of a patent claim(s), copyright, SAP trademark or trade secret rights. SAP will pay damages finally awarded against Provider (or the amount of any settlement SAP enters into) with respect to such claims provided that:

Indemnification by SAP. (a) SAP shall defend Licensee Provider against claims brought against Provider in the Territory where such claim (i) is brought by a third party owner of the intellectual property giving rise to the claim and (ii) alleges that Provider’s distribution of the Software in accordance with the terms and conditions of this Agreement constitutes a direct infringement or misappropriation of a patent claim(s), copyright, SAP trademark or trade secret rights. SAP will pay damages finally awarded against Provider (or the amount of any settlement SAP enters into) with respect to such claims provided that:

Indemnification by SAP. (a) SAP shall defend Licensee Provider against claims brought against Provider in the Territory where such claim (i) is brought by a third party owner of the intellectual property giving rise to the claim and (ii) alleges that Provider’s distribution of the Software Softwa re in accordance with the terms and conditions of this Agreement constitutes a direct infringement or misappropriation of a patent claim(s), copyright, SAP trademark or trade secret rights. SAP will pay damages finally awarded against Provider (or the amount of any settlement SAP enters into) with respect to such claims provided that:

Indemnification by SAP. (a) SAP shall defend Licensee Provider against claims brought against Provider in the Territory where such claim (i) is brought by a third party owner of the intellectual property giving rise to the claim and (ii) alleges that Provider’s distribution of the Software Softwa re in accordance with the terms and conditions of this Agreement constitutes a direct infringement or misappropriation misap propriation of a patent claim(s), copyright, SAP trademark or trade secret rights. SAP will pay damages finally awarded against Provider (or the amount of any settlement SAP enters into) with respect to such claims provided that: