Common use of Indemnification; Release Clause in Contracts

Indemnification; Release. Applicant/Approved Provider shall indemnify, defend, and hold NASM/AFAA harmless from and against any loss, damage, expense or liability resulting from (a) Applicant’s/Approved Provider’s breach of its warranties set forth in this Agreement; (b) by reason of any infringement, or claim of infringement, of any patent, trademark, copyright or trade secret arising from the CE Offering or Approved CE Offering provided by Applicant/Approved Provider; or (c) arising from the use, application or implementation of the content of any CE Offering or the products or procedures described therein. NASM/AFAA shall notify Applicant/Approved Provider promptly of any claim for which Applicant/Approved Provider may be responsible and shall cooperate with Applicant/Approved Provider to facilitate the reasonable defense of any such claim. If Applicant/Approved Provider fails to meet its obligations hereunder to defend any such action, NASM/AFAA may take control of its own defense at Applicant’s/Approved Provider’s sole expense. Applicant/Approved Provider hereby agrees to waive, release and forever discharge NASM/AFAA and NASM/AFAA’s affiliates, employees, directors, instructors and all others from any and all responsibilities or liability of any nature from injuries or damages resulting from or related to the CE Offering or Approved CE Offering offered by Applicant/Approved Provider.

Indemnification; Release. Applicant/Approved Preferred Provider shall indemnify, defend, and hold NASM/AFAA ISSA harmless from and against any loss, damage, expense or liability resulting from (a) Applicant’s/Approved Preferred Provider’s breach of its warranties set forth in this Agreement; (b) by reason of any infringement, or claim of infringement, of any patent, trademark, copyright or trade secret arising from the CE Offering Program or Approved CE Offering Program provided by Applicant/Approved Preferred Provider; or (c) arising from the use, application or implementation of the content of any CE Offering Program or the products or procedures described therein. NASM/AFAA ISSA shall notify Applicant/Approved Preferred Provider promptly of any claim for which Applicant/Approved Preferred Provider may be responsible and shall cooperate with Applicant/Approved Preferred Provider to facilitate the reasonable defense of any such claim. If Applicant/Approved Preferred Provider fails to meet its obligations hereunder to defend any such action, NASM/AFAA ISSA may take control of its own defense at Applicant’s/Approved Preferred Provider’s sole expense. Applicant/Approved Preferred Provider hereby agrees to waive, release release, and forever discharge NASM/AFAA ISSA and NASM/AFAA’s ISSA ‘s affiliates, employees, directors, instructors instructors, and all others from any and all responsibilities or liability of any nature from injuries or damages resulting from or related to the CE Offering Program or Approved CE Offering Program offered by Applicant/Approved Preferred Provider.