Common use of Liability for Content Clause in Contracts

Liability for Content. 4.1 Customer will indemnify and hold Printer harmless from and against any claims, demands, suits, actions, costs, loss or judgements, including reasonable attorneys' fees, for libel, defamation of character, copyright or trademark infringement, invasion of right of privacy or publicity, patent infringement or invasion of any other right, by any person, firm or entity against the Printer not attributable to Printer's fault and arising out of any material delivered by the Customer or supplied on its behalf to Printer and used by Printer according to Customer's instructions in producing the three (3) Magazines, provided that such indemnity shall not include consequential or exemplary damages or lost profits. 4.2 In like manner Printer shall indemnify and hold Customer harmless from and against any claims, demands, suits, actions, costs, loss or judgements, including reasonable attorneys' fees, for libel, defamation of character, copyright or trademark infringement, invasion of right of privacy or publicity, patent infringement or invasion of any other right, by any person, firm or entity against Customer arising out of any act or omission of Printer in performing its services hereunder, provided, however that such indemnity shall not exceed the value of the contract and shall not include liability for consequential or exemplary damages or lost profits. 4.3 No indemnification promised in sections 4.1 or 4.2 above shall be effective unless the indemnified party shall have given prompt notice of any indemnifiable claim to the indemnifying party. Thereafter the indemnifying party shall at its sole cost and expense defend the claim by counsel of its choosing reasonably acceptable to the indemnified party or at its option instruct the indemnified party to defend but at the indemnifying party's expense. Nothing herein shall prevent any indemnified party from retaining its own counsel at its own expense to advise it or to elect to defend with its own counsel but in such event such defense shall be at the indemnified party's sole expense and risk of liability. No indemnifying party shall conclude a settlement binding on an indemnified party absent the consent of the indemnified party. Should an indemnified party elect to settle or compromise any claim solely as to itself without permission of the indemnifying party, the indemnifying party shall thereafter have no further obligations toward the indemnified party.

Liability for Content. 4.1 5.1 The Customer will indemnify and hold the Printer harmless from and against any claims, demands, suits, actions, costs, loss or judgements, including reasonable attorneys' attorney's fees, for libel, defamation of character, copyright or trademark infringement, invasion of right of privacy or publicity, or patent infringement or invasion of any other right, by any person, firm or entity against the Printer not attributable to Printer's fault and arising out of any material delivered by the Customer or supplied on its behalf to the Printer and used by the Printer according to Customer's instructions in producing the three four (34) Magazines, provided that such indemnity shall not include consequential or exemplary damages or lost profitspublications. 4.2 5.2 In like manner the Printer shall indemnify and hold the Customer harmless from and against any claims, demands, suits, actions, costs, loss or judgements, including reasonable attorneys' attorney's fees, for libel, defamation of character, copyright or trademark infringement, invasion of right of privacy or publicity, or patent infringement or invasion of any other rightinfringement, by any [TRANSCONTINENTAL LOGO] person, firm or entity against the Customer arising out of any act or omission of the Printer in performing its services hereunder, provided, however that such indemnity shall not exceed the value of the contract and shall not include liability for consequential or exemplary damages or lost profits. 4.3 5.3 No indemnification promised in sections 4.1 5.1 or 4.2 5.2 above shall be effective unless the indemnified party shall have given prompt notice of any indemnifiable claim to the indemnifying party. Thereafter the indemnifying party shall at its sole cost and expense defend the claim by counsel of its choosing reasonably acceptable to the indemnified party or at its option instruct the indemnified party to defend but at the indemnifying party's expense. Nothing herein shall prevent any indemnified party from retaining its own counsel at its own expense to advise it or to elect to defend with its own counsel but in such event such defense shall be at the indemnified party's sole expense and risk of liability. No indemnifying party indemnitor shall conclude a settlement binding on an indemnified indemnitee party absent the consent of the indemnified partyindemnitee. Should an indemnified party indemnitee elect to settle or compromise any claim solely as to itself without permission of the indemnifying partyindemnitor, the indemnifying party indemnitor shall thereafter have no further obligations toward the indemnified partyindemnitee.

Liability for Content. 4.1 5.1 The Customer will indemnify and hold the Printer harmless from and against any claims, demands, suits, actions, costs, loss or judgementsjudgments, including reasonable attorneys' fees, for libel, defamation of character, copyright or trademark infringement, invasion of right of privacy or publicity, or patent infringement or invasion of any other right, by any person, firm or entity against the Printer not attributable to Printer's fault and arising out of any material delivered by the Customer or supplied on its behalf to the Printer and used by the Printer according to Customer's instructions in producing the three (3) Magazines, provided that such indemnity shall not include consequential or exemplary damages or lost profitsMagazine. 4.2 5.2 In like manner the Printer shall indemnify and hold the Customer harmless from and against any claims, demands, suits, actions, costs, loss or judgementsjudgments, including reasonable attorneys' fees, for libel, defamation of character, copyright or trademark infringement, invasion of right of privacy or publicity, or patent infringement or invasion of any other rightinfringement, by any person, firm or entity against the Customer arising out of any act or omission of the Printer in performing its services hereunder, provided, however that such indemnity shall not exceed the value of the contract and shall not include liability for consequential or exemplary damages or lost profits. 4.3 5.3 No indemnification promised in sections 4.1 5.1 or 4.2 5.2 above shall be effective unless the indemnified (indemnitee) party shall have given prompt notice of any indemnifiable claim to the indemnifying partyparty ("indemnitor"). Thereafter the indemnifying party shall at its sole cost and expense defend the claim by counsel of its choosing reasonably acceptable to the indemnified party or at its option to instruct the indemnified party to defend but at the indemnifying party's expense. Nothing herein shall prevent any indemnified party from retaining its own counsel at its own expense to advise it or to elect to defend with its own counsel but in such event such defense shall be at the indemnified party's sole expense and risk of liability. No indemnifying party indemnitor shall conclude a settlement binding on an indemnified party indemnitee absent the consent of the indemnified partyindemnitee. Should an indemnified party indemnitee elect to settle or compromise any claim solely as to itself without permission of the indemnifying partyindemnitor, the indemnifying party indemnitor shall thereafter have no further obligations toward the indemnified partyindemnitee.