Common use of Indemnity by Masergy Clause in Contracts

Indemnity by Masergy. Masergy hereby agrees to indemnify and defend Customer, its subsidiaries and affiliates, and their respective officers, directors, shareholders, employees, representatives and agents (collectively, the “Customer Indemnified Parties”), from and against, and hold the Customer Indemnified Parties harmless from, any and all claims, suits, liabilities, losses, damages, costs and expenses (including without limitation, attorneys’ fees and costs and expenses incurred in investigation, defense or settlement) (collectively, “Claims”), asserted by any third party against or incurred by the Customer Indemnified Parties in connection with such Claims, to the extent such Claims arise from any Masergy Negligence. “Masergy Negligence” shall mean the gross negligence or intentional misconduct of Masergy or Masergy’s principals, officers, directors, agents or employees.

Indemnity by Masergy. Subject to the limitations of Section 6, Masergy hereby agrees to indemnify and defend Customer, its subsidiaries and affiliates, and their respective officers, directors, shareholders, employees, representatives and agents (collectively, the “Customer Indemnified Parties”), from and against, and hold the Customer Indemnified Parties harmless from, any and all claims, suits, liabilities, losses, damages, costs and expenses (including without limitation, attorneys’ fees and costs and expenses incurred in investigation, defense or settlement) (collectively, “Claims”), asserted by any third party against or incurred by the Customer Indemnified Parties in connection with such Claims, to the extent such Claims arise from any Masergy Negligence. “Masergy Negligence” shall mean the gross negligence or intentional misconduct of Masergy or Masergy’s principals, officers, directors, agents or employees.