Common use of Indemnification of the Investor Clause in Contracts

Indemnification of the Investor. The Company agrees to indemnify and hold harmless the Investor and its permitted successors and assigns from and against any and all (i) liabilities, losses, costs or damages ("Loss") and (ii) reasonable attorneys' and accountants' fees and expenses, court costs and all other reasonable out-of-pocket expenses ("Expense") incurred by the Investor or its permitted successors and assigns arising from (A) any breach or failure to perform by the Company of any of its covenants or agreements contained in this Agreement; or (B) any breach of any warranty or the inaccuracy of any representation of the Company contained in this Agreement.