Common use of Infringement Claims of Third Parties Clause in Contracts

Infringement Claims of Third Parties. a. At its own expense, DealerTrack will defend Lender against any claim by any third party alleging that the Service or use of the DealerTrack Marks in accordance with Section 11 above infringes a patent, copyright or other third party Intellectual Property rights in the United States, and DealerTrack will pay all costs, damages and attorneys' fees finally awarded to any such third party in any infringement action or negotiated by DealerTrack in settlement; provided that Lender provides prompt written notice to DealerTrack of such claim (if Lender has knowledge), and allows DealerTrack sole control of, and fully cooperates with DealerTrack in, the defense of such claims and all related negotiations at DealerTrack's expense.

Infringement Claims of Third Parties. a. At its own expense, DealerTrack will defend Lender against any claim by any third party alleging that the Service or use of the DealerTrack Marks in accordance with Section 11 above infringes a patent, copyright or other third party Intellectual Property rights in the United States, and DealerTrack will pay all costs, damages and attorneys' fees finally awarded to any such third party in any infringement action or negotiated by DealerTrack in settlement; provided that Lender provides prompt written notice to DealerTrack of such claim (if Lender has 16 of 49 knowledge), and allows DealerTrack sole control of, and fully cooperates with DealerTrack in, the defense of such claims and all related negotiations at DealerTrack's expense.

Infringement Claims of Third Parties. a. (a) At its own expense, DealerTrack will defend Lender against any claim by any third party alleging that the Service or use of the DealerTrack Marks in accordance with Section 11 above infringes a patent, copyright or other third party Intellectual Property rights in the United States, and DealerTrack will pay all costs, damages and attorneys' fees finally awarded to any such third party in any infringement action or negotiated by DealerTrack in settlement; provided that Lender provides prompt written notice to DealerTrack of such claim (if Lender has knowledge), and allows DealerTrack sole control of, and fully cooperates with DealerTrack in, the defense of such claims and all related negotiations at DealerTrack's expense.

Infringement Claims of Third Parties. a. At its own expense, DealerTrack will defend Lender against any claim by any third party alleging that the Service or use of the DealerTrack Marks in accordance with Section 11 above infringes a patent, copyright or other third party Intellectual Property rights in the United States, and DealerTrack will pay all costs, damages and attorneys' fees finally awarded to any such third party in any infringement action or negotiated by DealerTrack in settlement; provided that Lender provides prompt written notice to DealerTrack of such claim (if Lender has knowledge), and allows DealerTrack sole control of, and fully cooperates with DealerTrack in, the defense of such claims and all related negotiations at DealerTrack's expense.