Common use of Indemnification/No Infringement Clause in Contracts

Indemnification/No Infringement. In performing services under this Agreement, CONSULTANT agrees not to design, develop, or provide to COMPANY any items that infringe one or more patents, copyrights, trademarks, or other intellectual property rights (including trade secrets), privacy or other rights of any person or entity. If CONSULTANT becomes aware of any such possible infringement in the course of performing any work hereunder, CONSULTANT shall immediately so notify COMPANY in writing. CONSULTANT agrees to indemnify, defend, and hold COMPANY, its officers, directors, members, employees, representatives, agents, and the like harmless for any such alleged or actual infringement and for any liability, debt, or other obligation arising out of or as a result of or relating to (a) the Agreement, (b) the performance of the Agreement, or (c) the Content. This indemnification shall include attorneys’ fees and expenses, unless CONSULTANT defends against the allegations using counsel reasonably acceptable to COMPANY. CONSULTANT’s total liability under this Agreement shall not exceed twice the amount of revenue derived by CONSULTANT under this Agreement.

Indemnification/No Infringement. In performing services under this Agreement, CONSULTANT DEVELOPER agrees not to design, develop, or provide to COMPANY any items that infringe one or more patents, copyrights, trademarks, or other intellectual property rights (including trade secrets), privacy or other rights of any person or entity. If CONSULTANT DEVELOPER becomes aware of any such possible infringement in the course of performing any work hereunder, CONSULTANT DEVELOPER shall immediately so notify COMPANY in writing. CONSULTANT DEVELOPER agrees to indemnify, defend, and hold COMPANY, its officers, directors, members, employees, representatives, agents, and the like harmless for any such alleged or actual infringement and for any liability, debt, or other obligation arising out of or as a result of or relating to (a) the Agreement, (b) the performance of the Agreement, or (c) the ContentDeliverables. This indemnification shall include attorneys’ fees and expenses, unless CONSULTANT DEVELOPER defends against the allegations using counsel reasonably acceptable to COMPANY. CONSULTANTDEVELOPER’s total liability under this Agreement shall not exceed twice the amount of revenue derived by CONSULTANT DEVELOPER under this Agreement.