Common use of Indemnification Limitation of Liability Warranty Clause in Contracts

Indemnification Limitation of Liability Warranty. 19.1 Merchant agrees to indemnify Provider, including their officers, directors, employees, and agents against and to hold them harmless from any and all claims and demands of any party arising from or based upon any act or omission of Merchant, Merchant's employees, Merchant's designated representatives or agents, or Merchant's Merchant Servicers in connection with or arising out of this Agreement, the duties to be performed by Merchant pursuant to this Agreement, any Transactions which Merchant submits to Provider, or Merchant's violation of the Operating Rules or any applicable law. In the event that Provider shall be made a party to any litigation, proceeding, arbitration, bankruptcy proceeding, or other legal process (collectively “Actions”) commenced by any third party, Merchant shall protect and hold Provider harmless from and with respect to the Actions and shall pay all costs, expenses, and attorney's fees incurred or paid in connection with the Action, together with any judgments rendered. Merchant shall indemnify, defend, and hold harmless Provider for any hacking, infiltration, or compromise of Merchant's systems or the systems of Merchant's Merchant Servicers, designated representatives, or other agents.

Appears in 6 contracts

Samples: Card Program Services, Card Program Services, Card Program Services

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Indemnification Limitation of Liability Warranty. 19.1 Merchant Xxxxxxxx agrees to indemnify Provider, including their officers, directors, employees, and agents against and to hold them harmless from any and all claims and demands of any party arising from or based upon any act or omission of Merchant, MerchantXxxxxxxx's employees, MerchantXxxxxxxx's designated representatives or agents, or Merchant's Merchant Servicers in connection with or arising out of this Agreement, the duties to be performed by Merchant pursuant to this Agreement, any Transactions which Merchant submits to Provider, or MerchantXxxxxxxx's violation of the Operating Rules or any applicable law. In the event that Provider shall be made a party to any litigation, proceeding, arbitration, bankruptcy proceeding, or other legal process (collectively “Actions”) commenced by any third party, Merchant shall protect and hold Provider harmless from and with respect to the Actions and shall pay all costs, expenses, and attorney's fees incurred or paid in connection with the Action, together with any judgments rendered. Merchant shall indemnify, defend, and hold harmless Provider for any hacking, infiltration, or compromise of Merchant's systems or the systems of Merchant's Merchant Servicers, designated representatives, or other agents.

Appears in 6 contracts

Samples: Card Program Services, Card Program Services, Card Program Services

Indemnification Limitation of Liability Warranty. 19.1 a. Merchant agrees to indemnify Provider, including Processor and Bank and their officers, directors, employees, and agents against and to hold them harmless from any and all claims and demands of any party arising from or based upon any act or omission of Merchant, Merchant's Merchant or its employees, Merchant's designated representatives or representatives, agents, or Merchant's Merchant Servicers Service Providers in connection with or arising out of this Merchant Agreement, the duties to be performed by Merchant pursuant to this Merchant Agreement, any Transactions which Merchant submits to ProviderProcessor, or Merchant's violation of the Operating Rules or any applicable law. In the event that Provider Processor or Bank shall be made a party to any litigation, proceeding, arbitration, bankruptcy proceeding, or other legal process (collectively “Actions”) commenced by any third party, Merchant shall protect and hold Provider Processor and Bank harmless from and with respect to the Actions such litigation, proceeding, arbitration, bankruptcy proceeding, or other legal process and shall pay all costs, expenses, and attorney's fees incurred or paid in connection with the Actiontherewith, together with any judgments rendered. Merchant shall indemnify, defend, and hold harmless Provider Processor and Bank for any hacking, infiltration, or compromise of Merchant's systems or the systems of Merchant's Merchant Servicers, designated representatives, agents or other agentsService Providers.

Appears in 1 contract

Samples: Merchant Agreement

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Indemnification Limitation of Liability Warranty. 19.1 16.1 Merchant agrees to indemnify Provider, including Processor and Bank and their officers, directors, employees, and agents against and to hold them harmless from any and all claims and demands of any party arising from or based upon any act or omission of Merchant, Merchant's Merchant or its employees, Merchant's designated representatives or representatives, agents, or Merchant's Merchant Servicers Service Providers in connection with or arising out of this Merchant Agreement, the duties to be performed by Merchant pursuant to this Merchant Agreement, any Transactions which Merchant submits to ProviderProcessor, or Merchant's violation of the Operating Rules or any applicable law. In the event that Provider Processor or Bank shall be made a party to any litigation, proceeding, arbitration, bankruptcy proceeding, or other legal process (collectively “Actions”) commenced by any third party, Merchant shall protect and hold Provider Processor and Bank harmless from and with respect to the Actions such litigation, proceeding, arbitration, bankruptcy proceeding, or other legal process and shall pay all costs, expenses, and attorney's fees incurred or paid in connection with the Actiontherewith, together with any judgments rendered. Merchant shall indemnify, defend, and hold harmless Provider Processor and Bank for any hacking, infiltration, or compromise of Merchant's systems or the systems of Merchant's Merchant Servicers, designated representatives, agents or other agentsService Providers.

Appears in 1 contract

Samples: Merchant Agreement

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