INDEMNITY – REPRESENTATIONS AND WARRANTIES. 4.1 Each Party shall indemnify the other Party from and against any and all Liability which the other Party suffers, sustains or incurs arising out of or in connection with the breach of any representation or warranty given or made by a Party under this Agreement.
INDEMNITY – REPRESENTATIONS AND WARRANTIES. 7.1 GeoCities, at its expense, will indemnify, defend and hold harmless Yahoo, its employees, officers, directors, representatives, agents and affiliates, against any claim, suit, action, or other proceeding brought against Yahoo or such persons or entities based on or arising from a claim: (i) that any technology, software, authoring tool, trademark, trade name, service xxxx, service name or other brand feature, any material, content, information, product or service produced, distributed, presented offered or publicized through or on the GeoCities Properties or any other web site owned or operated by GeoCities (whether created by GeoCities or any other person, including, without limitation, homesteaders or other users of GeoCities Properties) infringes in any manner any patent, copyright, trademark, trade secret or any other intellectual property right of any third party, is or contains any material or information that is obscene, defamatory, libelous, slanderous, or that violates any law or regulation, or that otherwise violates any rights of any person or entity, including, without limitation, rights of publicity, privacy or personality, or has otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any third party; or (ii) based on breach of any representation or warranty set forth in Section 7.3; provided, however, -------- ------- that such indemnification shall not apply to any claims which arise out of or result from any claim based on or arising from any data, content, or other materials provided by Yahoo to GeoCities hereunder; and provided, -------- further, that in any such case: (x) Yahoo provides GeoCities with prompt ------- notice of any such claim; (y) Yahoo permits GeoCities to assume and control the defense of such action upon GeoCities' written notice to Yahoo of its intention to indemnify; and (z) upon GeoCities' written request, and at no expense to Yahoo, Yahoo will provide to GeoCities all available information and assistance necessary for GeoCities to defend such claim. GeoCities will not enter into any settlement or compromise of any such claim without Yahoo's prior written consent, which shall not be unreasonably withheld, unless such settlement or compromise includes a complete release of all ------ claims against and liability for Yahoo. GeoCities will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and c...
INDEMNITY – REPRESENTATIONS AND WARRANTIES. Each Party (“Indemnitor”) hereby agrees to defend, indemnify and hold harmless each other Party and their respective Affiliates, and its and their directors, officers, employees and agents from and against any claim, loss or damage arising out of or connected with, directly or indirectly, Indemnitor’s breach of its representations and warranties set out in Article 4.
INDEMNITY – REPRESENTATIONS AND WARRANTIES. 4.1 Elcora and Optionor will jointly and severally indemnify and save Optionee harmless from and against any and all Liability which Optionee suffers, sustains or incurs arising out of or in connection with the breach of any representation or warranty given or made by Elcora and/or Optionor under this Agreement.
INDEMNITY – REPRESENTATIONS AND WARRANTIES. 4.1 Except as otherwise set out in this §4.1, each Party will indemnify the other Party from and against any and all Liability which the other Party suffers, sustains or incurs arising out of or in connection with the breach of any representation or warranty given or made by a Party under this Agreement. Notwithstanding the foregoing, except with respect to losses arising from the wilfull misconduct or fraud of the Optionors, First Uranium agrees to limit the aggregate liability of the Optionors to First Uranium to the amount of the cash payments made to the Optionors with respect to any losses claimed or incurred by First Uranium howsoever arising under this Agreement.
INDEMNITY – REPRESENTATIONS AND WARRANTIES
