Common use of McDATA Indemnity Clause in Contracts

McDATA Indemnity. McDATA agrees to defend, indemnify and hold BROCADE harmless from any and all losses, damages, liabilities, costs and expenses (including but not limited to reasonable attorneys' fees and costs of litigation) incurred by BROCADE as a result of any third party claim, regardless of the form of action, arising from (i) McDATA's misuse or misrepresentation of the Products or Documentation or Intellectual Property Rights contained therein, (ii) McDATA's breach of its representations or warranties under this Agreement, (iii) McDATA's false advertising, intentional wrongdoing, gross negligence, or product liability arising from the marketing, sale or distribution of a McDATA Product, or (iv) McDATA's modifications to the ASIC Firmware, the BROCADE ASIC or the Products furnished by BROCADE to McDATA hereunder (if the unmodified version of the information or materials provided by BROCADE to McDATA would not have so infringed), provided that BROCADE promptly notifies McDATA of any such claim in writing, gives McDATA sole control of the defense and all related settlement negotiations, and cooperates with McDATA in defending or settling any such claim.

McDATA Indemnity. McDATA agrees to defend, indemnify and hold BROCADE harmless from any and all losses, damages, liabilities, costs and expenses (including but not limited to reasonable attorneys' fees and costs of litigation) incurred by BROCADE as a result of any third party claim, regardless of the form of action, arising from (i) McDATA's misuse or misrepresentation of the Products or Documentation or Intellectual Property Rights contained therein, (ii) McDATA's breach of its representations or warranties under this Agreement, (iii) McDATA's false advertising, intentional wrongdoing, gross negligence, or product liability arising from the marketing, sale or distribution of a McDATA Product, or (iv) McDATA's modifications to the ASIC ASICs Firmware, the BROCADE ASIC ASICs or the Products furnished by BROCADE to McDATA hereunder (if the unmodified version of the information or materials provided by BROCADE to McDATA would not have so infringed), provided that BROCADE promptly notifies McDATA of any such claim in writing, gives McDATA sole control of the defense and all related settlement negotiations, and cooperates with McDATA in defending or settling any such claim.