Indemnity; Enforcement. Buyer agrees to indemnify and hold harmless Consultant from any damage, loss, cost or liability (including, without limitation, actual damages, consequential damages, legal fees and the costs of enforcing this indemnity) arising out of or resulting from any unauthorized use or disclosure by the Buyer and the Accepting Parties of any Evaluation Material. Accordingly, the Parties agree that, in the event of any breach, threatened breach or other violation of this Agreement by the Parties and the Accepting Parties, in addition to any other remedies at law or in equity they may have, shall each be entitled, without the requirement of posting a bond or other security, to equitable relief, including injunctive relief and specific performance.
Indemnity; Enforcement. AIMCO covenants and agrees to assign and cause each of its Subsidiaries (after giving effect to the Merger) to assign to SpinCo (or any of the Spin Off Entities) at the Effective Time (i) the right to assert, prosecute and enforce, at SpinCo's expense, the indemnification and related provisions of, and the other remedies available with respect to, the Acquisition Documents in the name of the Surviving Corporation (as successor to IFG ) and each of its Subsidiaries (after giving effect to the Merger) with respect to any claim as to which any AIMCO Indemnitee (as defined in the Indemnification Agreement) asserts against SpinCo under the Indemnification Agreement and (ii) any amounts recovered by SpinCo pursuant to the assertion, prosecution and enforcement of any of such indemnification provisions or other remedies by SpinCo under the Acquisition Documents. The parties hereto agree that the partial assignment by AIMCO and its Subsidiaries will allow AIMCO and its Subsidiaries to preserve their rights (i) to assert, prosecute and enforce, at AIMCO's expense, the indemnification and related provisions of, and the other remedies available with respect to, the Acquisition Documents in the name of the Surviving Corporation (as successor to IFG) and each of its Subsidiaries (after giving effect to the Merger) with respect to any claim the Surviving Corporation or any Subsidiary of the Surviving Corporation (after giving effect to the Merger) may have pursuant to the Acquisition Documents and (ii) to any amounts recovered by them pursuant to the assertion, prosecution and enforcement of any of such indemnification provisions or other remedies under the Acquisition Documents (to the extent not
Indemnity; Enforcement. Advertiser will indemnify Publisher and/or any Vendor, along with their respective parent(s), affiliates and distributors, and their directors, officers, employees and agents, for any breach of these provisions in the manner set forth in Article 5 of the General Terms. Publisher reserves the right, but not the obligation, to suspend Advertiser’s use of any Services, without notice to Advertiser, if Advertiser violates any of the foregoing prohibitions. Suspension of the Services shall not relieve Advertiser of its indemnity obligations.
