Common use of Indemnify and Hold Harmless Clause in Contracts

Indemnify and Hold Harmless. ‌ a) Contractor will indemnify, hold harmless and defend the Exchange and all other United States agencies and Instrumentalities, their agents, representatives, employees and customers from any and all suits, judgments and claims, including those established by or pursuant to court decisions, to international agreements, or duly promulgated United States Government regulations and all charges and expenses incident thereto which arise out of the following: 1. The alleged or established violation or infringement of any patent, copyright or trademark rights asserted by any third party with regard to items or services provided by contractor; 2. The loss, damage, or injury alleged or established to have arisen out of or in connection with items or services provided by contractor, to the extent contractor can be held liable for such loss, damage, or injury in accordance with applicable federal and state law. b) Contractor is hereby notified that injury and damage claims against the Exchange based on alleged negligence must be brought under applicable federal law, including the Federal Tort Claims Act. The Exchange will give contractor notice of such claims relating to items or services provided by contractor. In the event of litigation, the Exchange is defended by the Department of Justice.

Indemnify and Hold Harmless. ‌ a) Contractor will indemnify, hold harmless and defend the Exchange and all other United States agencies and Instrumentalities, their agents, representatives, employees and customers from any and all suits, judgments and claims, including those established by or pursuant to court decisions, to international agreements, or duly promulgated United States Government regulations and all charges and expenses incident thereto which arise out of the following: 1. The alleged or established violation or infringement of any patent, copyright or trademark rights asserted by any third party with regard to items or services provided by contractor; 2. The loss, damage, or injury alleged or established to have arisen out of or in connection with items or services provided by contractor, to the extent contractor can be held liable for such loss, damage, or injury in accordance with applicable federal and state law. b) Contractor is hereby notified that injury and damage claims against the Exchange based on alleged negligence must be brought under applicable federal law, including the Federal Tort Claims Act. The Exchange will give contractor notice of such claims relating to items or services provided by contractor. In the event of litigation, the Exchange is defended by the Department of Justice.