Indemnified Claims. WTP agrees to defend MS against, and pay the amount of any adverse final judgment or settlement to which WTP consents resulting from, any third party claim(s) ("Indemnified IP Claims") that any WTP Tools or any portion thereof, or WTP's provision of any services pursuant to this Agreement, infringes any third party patent, copyright, trademark or trade secret enforceable under the laws of the United States; provided that WTP is notified promptly in writing of the Indemnified IP Claim and has sole control over its defense and settlement, and MS provides reasonable assistance in the defense and/or settlement of such claim.
Appears in 1 contract
Samples: Service Agreement (TRX Inc/Ga)
Indemnified Claims. WTP MS agrees to defend MS WTP against, and pay the ------------------ amount of any adverse final judgment or settlement to which WTP MS consents resulting from, any third party claim(s) ("Indemnified IP Claims") that any WTP the MS Tools or any portion thereof, or WTP's MS' provision of any services pursuant to this Agreement, infringes infringe any third party patent, copyright, trademark or trade secret enforceable under the laws of the United States; provided that WTP MS is notified promptly in writing of the Indemnified IP Claim and has sole control over its defense and settlement, and MS WTP provides reasonable assistance in the defense and/or settlement of such claim.
Appears in 1 contract
Samples: Service Agreement (Expedia Inc)
Indemnified Claims. WTP MS agrees to defend MS WTP against, and pay the amount of any adverse final judgment or settlement to which WTP MS consents resulting from, any third party claim(s) ("Indemnified IP Claims") that any WTP the MS Tools or any portion thereof, or WTP's MS' provision of any services pursuant to this Agreement, infringes infringe any third party patent, copyright, trademark or trade secret enforceable under the laws of the United States; provided that WTP MS is notified promptly in writing of the Indemnified IP Claim and has sole control over its defense and settlement, and MS WTP provides reasonable assistance in the defense and/or settlement of such claim.
Appears in 1 contract
Samples: Service Agreement (TRX Inc/Ga)
Indemnified Claims. WTP agrees to defend MS against, and pay the ------------------ amount of any adverse final judgment or settlement to which WTP consents resulting from, any third party claim(s) ("Indemnified IP Claims") that any WTP Tools or any portion thereof, or WTP's provision of any services pursuant to this Agreement, infringes any third party patent, copyright, trademark or trade secret enforceable under the laws of the United States; provided that WTP is notified promptly in writing of the Indemnified IP Claim and has sole control over its defense and settlement, and MS provides reasonable assistance in the defense and/or settlement of such claim.
Appears in 1 contract
Samples: Service Agreement (Expedia Inc)