Limited Covenant to Defend Infringement Claims by Third Parties. Each party (the ''Indemnitor''), at its own expense and subject to the terms and conditions of this Section 13, will (i) defend claims brought against the other party, its permitted assignees and licensees, agents, officers and employees (the ''Indemnitee'') by third parties (other than affiliates of the Indemnitee) that, if true, would constitute a breach by the Indemnitor of its representations and warranties set forth in this Agreement, and (ii) will indemnify and hold the Indemnitee harmless from and against any damages to real or tangible personal property and/or bodily injury to persons, including death, resulting from the negligence or willful misconduct of the employees or agents of the Indemnitor.
Appears in 3 contracts
Samples: Agreement (Vemics, Inc.), Marketing Agreement (Ep Global Communications Inc), Agreement (Vemics, Inc.)
Limited Covenant to Defend Infringement Claims by Third Parties. Each party (the ''Indemnitor''), at its own expense and subject to the terms and conditions of this Section 1312, will (i) defend claims brought against the other party, its permitted assignees and licensees, agents, officers and employees (the ''Indemnitee'') by third parties (other than affiliates of the Indemnitee) that, if true, would constitute a breach by the Indemnitor of its representations and warranties set forth in this Agreement, and (ii) will indemnify and hold the Indemnitee harmless from and against any damages to real or tangible personal property and/or bodily injury to persons, including death, resulting from the negligence or willful misconduct of the employees or agents of the Indemnitor.
Appears in 1 contract
Samples: Agreement (Vemics, Inc.)
Limited Covenant to Defend Infringement Claims by Third Parties. Each party (the ''“Indemnitor''”), at its own expense and subject to the terms and conditions of this Section 13, will (i) defend claims brought against the other party, its permitted assignees and licensees, agents, officers and employees (the ''“Indemnitee''”) by third parties (other than affiliates of the Indemnitee) that, if true, would constitute a breach by the Indemnitor of its representations and warranties set forth in this Agreement, and (ii) will indemnify and hold the Indemnitee harmless from and against any damages to real or tangible personal property and/or bodily injury to persons, including death, resulting from the negligence or willful misconduct of the employees or agents of the Indemnitor.
Appears in 1 contract
Samples: Marketing Agreement (Vemics, Inc.)