Common use of Mutual Indemnification Clause in Contracts

Mutual Indemnification. Each party hereby agrees to indemnify, defend, and hold the other party harmless from any and all third party claims, demands, costs, liabilities, losses, expenses and damages (including reasonable attorneys’ fees, costs, and expert witnesses’ fees) arising out of or in connection with any claim that, taking the claimant’s allegations to be true, would result in a breach by the indemnifying party of any of its representations, warranties or covenants set forth in Section 15.

Appears in 7 contracts

Samples: 360 Publisher License Agreement, Xbox 360 Publisher License Agreement (Majesco Entertainment Co), 360 Publisher License Agreement (Take Two Interactive Software Inc)

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Mutual Indemnification. Each party hereby agrees to indemnify, defend, and hold the other party harmless from any and all third party claims, demands, costs, liabilities, losses, expenses and damages (including reasonable attorneys’ fees, costs, and expert witnesses’ fees) arising out of or in connection with any claim that, taking the claimant’s allegations to be true, would result in a breach by the indemnifying party of any of its representations, warranties or and covenants set forth in Section 1521.

Appears in 3 contracts

Samples: License Agreement, License Agreement (Electronic Arts Inc.), License Agreement (Electronic Arts Inc.)

Mutual Indemnification. Each party Party hereby agrees to indemnify, defend, defend and hold the other party Party, its directors, officers, employees, agents and Affiliates harmless from and against any and all third party claimsdamages or other amounts payable to a Third Party claimant, demands, costs, liabilities, losses, expenses and damages (including as well as any reasonable attorneys’ feesfees and costs of litigation (collectively, costs, and expert witnesses’ fees“Damages”) arising out of or in connection with resulting from any claim thatclaim, taking the claimant’s allegations to be truesuit, would result in proceeding or cause of action (each, a breach “Claim”) brought by the indemnifying party of any of a Third Party against a Party or its representations, warranties or covenants set forth in Section 15.Representatives based on:

Appears in 2 contracts

Samples: Physician Services Agreement, Physician Services Agreement

Mutual Indemnification. Each party hereby agrees to indemnify, defend, and hold the other party harmless from any and all third party claims, demands, costs, liabilities, losses, expenses and damages (including reasonable attorneys' fees, costs, and expert witnesses' fees) arising out of or in connection related to with any claim Claim that, taking the claimant’s 's allegations to be true, would result in a breach by the indemnifying party of any of its representations, warranties or and covenants set forth in Section 1522.

Appears in 2 contracts

Samples: Durango Publisher License Agreement (Electronic Arts Inc.), Durango Publisher License Agreement (Electronic Arts Inc.)

Mutual Indemnification. Each party hereby agrees to indemnify, defend, shall indemnify and hold the other party harmless from against any claims and all third party claimsexpenses, demands, costs, liabilities, losses, expenses and damages (including reasonable attorneys’ attorney’s fees, costs, and expert witnesses’ fees) arising out of or in connection with any claim that, taking related to the claimantother party’s allegations to be true, would result in a breach by the indemnifying party of any of its representations, warranties or covenants set forth in Section 15this Agreement.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Mutual Indemnification. Each Subject to Sections 10.3, 10.4 and 10.5, each party hereby agrees to indemnify, defend, and hold the other party harmless from any and all third party claims, demands, costs, liabilities, losses, expenses and damages (including reasonable attorneys' fees, costs, and expert witnesses' fees) arising out of or in connection with any claim that, taking the claimant’s 's allegations to be true, would result in a breach by the indemnifying party of any of its representations, warranties or and covenants set forth in Section 1510.

Appears in 1 contract

Samples: Publisher License Agreement (3do Co)

Mutual Indemnification. Each party hereby agrees to indemnify, defend, and hold the other party harmless from any and all third party claims, demands, costs, liabilities, losses, expenses and damages (including reasonable attorneys’ fees, costs, and expert witnesses’ fees) arising out of or in connection with any claim that, taking the claimant’s allegations claimant’sallegations to be true, would result in a breach by the indemnifying party of any of its representations, warranties or covenants orcovenants set forth in Section 15.

Appears in 1 contract

Samples: 360 Publisher License Agreement (Activision Inc /Ny)

Mutual Indemnification. Each party Party hereby agrees to indemnify, defend, indemnify and hold the other party Party and its Representatives harmless from and against any and all third party claimsdamages or other amounts payable to a Third Party claimant, demands, costs, liabilities, losses, expenses and damages (including as well as any reasonable out-of-pocket attorneys’ fees, costs, fees and expert witnesses’ fees) costs of litigation arising out of any such Claim, (collectively, “Damages”) resulting from claims, suits, proceedings or in connection with any claim that, taking the claimant’s allegations to be true, would result in causes of action (“Claims”) brought by a breach by the indemnifying party of any of its representations, warranties or covenants set forth in Section 15.Third Party against a

Appears in 1 contract

Samples: Collaborative Research and License Agreement (Incyte Corp)

Mutual Indemnification. Each party The parties hereby agrees agree to indemnify, defend, ------------------------ indemnify and hold the other party harmless from any and all third party claimsliability, demandscost, costsand expense, liabilities, losses, expenses and damages (including reasonable attorneys’ outside attorney's fees, costs, and expert witnesses’ fees) arising out which the parties may suffer or incur by reason of or in connection with any claim that, taking the claimant’s allegations to be true, would result in a other party's breach by the indemnifying party of any of its representationsit warranties, warranties or covenants set forth in Section 15representations and agreements hereunder.

Appears in 1 contract

Samples: Isp Agreement (Nettaxi Inc)

Mutual Indemnification. Each party hereby Party agrees to indemnify, defend, defend and hold the any other party Party harmless from and against any and all third party liability, suits, actions, claims, demands, costs, liabilities, losses, expenses and damages (including reasonable attorneys’ feesdamages, deficiencies, costs, obligations, and expert witnessesexpenses, including without limitation attorneysfees) arising out fees and all amounts paid in settlement of any claim, action, or in connection with suit, incurred as the result of any claim that, taking the claimant’s allegations to be true, would result in a breach by the indemnifying party Party of any of its representationsrepresentation, warranties warranty, agreement or covenants set forth release contained in Section 15this Agreement.

Appears in 1 contract

Samples: Refund Agreement and General Release

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Mutual Indemnification. Each party hereby agrees to indemnify, defend, and hold the other party harmless from any and all third party claims, demands, costs, liabilities, losses, expenses and damages (including reasonable attorneys’ fees, costs, and expert witnesses’ fees) arising out of or in connection with any claim by an unaffiliated third party that, taking the claimant’s allegations to be true, would result in a breach by the indemnifying party of any of its representations, warranties or covenants set forth in Section 15.

Appears in 1 contract

Samples: 360 Publisher License Agreement (Midway Games Inc)

Mutual Indemnification. Each party hereby agrees to indemnify, defend, shall indemnify and hold harmless the other party harmless from for and against all claims of any nature, including without limitation claims related to breach of confidentiality and all the alleged infringement of the intellectual property rights of any third party claimsparty, demands, costs, liabilities, losses, expenses together with associated defense costs and damages (including reasonable attorneys’ fees, costs, and expert witnesses’ fees) arising out of or in connection with any claim that, taking the claimant’s allegations to be true, would result in a breach by the indemnifying party of any of its representations, warranties or covenants set forth in Section 15party’s performance hereunder.

Appears in 1 contract

Samples: Consulting Agreement (Trustco Bank Corp N Y)

Mutual Indemnification. Each party hereby agrees to indemnify, defend, and hold the other party harmless from any and all third party claims, demands, costs, liabilities, losses, expenses and damages (including reasonable attorneys' fees, costs, and expert witnesses' fees) arising out of or in connection related to with any claim Claim that, taking the claimant’s 's allegations to be true, would result in a breach by the indemnifying party of any of its representations, warranties or and covenants set forth in Section 15.22. 23.2

Appears in 1 contract

Samples: Non Disclosure Agreement

Mutual Indemnification. Each party hereby agrees to indemnify, defend, defend and hold the other party harmless from any and all third party claims, demands, costs, liabilities, losses, expenses and damages (including reasonable attorneys' fees, costs, and expert witnesses' fees) arising out of or in connection with any claim that, taking the claimant’s 's allegations to be true, would result in a breach by the indemnifying party of any of its representations, warranties or and covenants set forth in Section 159.

Appears in 1 contract

Samples: Publisher License Agreement (Bam Entertainment Inc)

Mutual Indemnification. Each party Subject to Section 12.4, each Party hereby agrees to indemnify, defenddefend and hold harmless the other Party, its Affiliates, and hold the other party harmless their respective directors, employees and agents from and against any and all third party Third Party suits, claims, actions, demands, costs, liabilities, expenses and/or losses, including reasonable legal expenses and damages (including reasonable attorneys’ fees, costs, and expert witnesses’ feesfees (“Losses”) arising out of or in connection with any claim that, taking to the claimant’s allegations to be true, would extent such Losses result in a breach by the indemnifying party of any of its representations, warranties or covenants set forth in Section 15from any: [ * ].

Appears in 1 contract

Samples: Collaboration Agreement (Exelixis Inc)

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