Common use of Indemnity for Your Data Clause in Contracts

Indemnity for Your Data. You will defend, indemnify and hold harmless Digital Samba from and against any loss, cost, liability or damage, including attorneys’ fees, for which Digital Samba becomes liable arising from or relating to any claim relating to Your Data, including but not limited to any claim brought by a third party alleging that Your Data, or your use of the Hosted Services in breach of this Agreement, infringes or misappropriates the intellectual property rights or other proprietary or privacy rights of a third party or violates applicable law. This indemnification obligation is subject to your receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice), provided that Digital Samba’s failure to notify you shall not alter or relieve you of your obligations hereunder; (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim, provided that Digital Samba may select its own counsel and direct its own defense of the claim, at its own expense; and (iii) all reasonable necessary cooperation of Digital Samba at your expense. You may not, without Digital Samba’s consent, settle any such claim against Digital Samba unless such settlement releases all liability of Digital Samba

Indemnity for Your Data. You will defend, indemnify and hold harmless Digital Samba from and against any loss, cost, liability or damage, including attorneys’ fees, for which Digital Samba becomes liable arising from or relating to any claim relating to Your Data, including but not limited to any claim brought by a third party alleging that Your Data, or your use of the Hosted Services in breach of this Agreement, infringes or misappropriates the intellectual property rights or other proprietary or privacy rights of a third party or violates applicable law. This indemnification obligation is subject to your receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice), provided that Digital Samba’s failure to notify you shall not alter or relieve you of your obligations hereunder; (ii) the exclusive right to control and direct the investigation, defensedefence, or settlement of such claim, provided that Digital Samba may select its own counsel and direct its own defense defence of the claim, at its own expense; and (iii) all reasonable necessary cooperation of Digital Samba at your expense. You may not, without Digital Samba’s consent, settle any such claim against Digital Samba unless such settlement releases all liability of Digital Sambaand