Common use of Infringement Indemnity Clause in Contracts

Infringement Indemnity. (a) HEALTHeLINK shall indemnify and hold harmless Participant and defend any action brought against the same with respect to any third-party claim, demand or cause of action, to the extent that it is based upon a claim that the HIE or Services, as provided by HEALTHeLINK and used within the scope of this Agreement, infringes or violates any United States patent, copyright, trade secret or other proprietary rights of a third party, provided that the Participant: (i) notifies HEALTHeLINK within two business days of receiving written notification of the claim; (ii) grants HEALTHeLINK sole control of the defense and settlement of the claim; and (iii) provides HEALTHeLINK, at Participant’s expense, with all assistance, information and authority reasonably required for the defense and settlement of the claim.

Infringement Indemnity. (a) HEALTHeLINK HealtheConnections shall indemnify and hold harmless Participant and defend any action brought against the same with respect to any third-party claim, demand or cause of action, to the extent that it is based upon a claim that the HIE or Services, as provided by HEALTHeLINK HealtheConnections and used within the scope of this Agreement, infringes or violates any United States patent, copyright, trade secret or other proprietary rights of a third party, provided that the Participant: (i) notifies HEALTHeLINK HealtheConnections within two five business days of receiving written notification of the claim; (ii) grants HEALTHeLINK HealtheConnections sole control of the defense and settlement of the claim; and (iii) provides HEALTHeLINKHealtheConnections, at Participant’s expense, with all assistance, information and authority reasonably required for the defense and settlement of the claim.