Common use of Obligations of MSP Clause in Contracts

Obligations of MSP. Except with respect to a matter addressed under Section 4.1 above, MSP will, at its expense (i) defend, or at its option settle, but subject to Elastic’s prior written consent, not to be unreasonably withheld, a claim brought against Elastic, its contractors, suppliers, licensors, and or respective directors, officers, employees and agents, arising out of or related to MSP’s or its Affiliate’s use of the Cloud Service or the applicable Support Services, including, without limitation, MSP’s or its Affiliates’ breach of Section 2.4 and/or Section 8.1 of this Agreement, and (ii) indemnify Elastic against and pay

Obligations of MSP. Except with respect to a matter addressed under Section 4.1 above, MSP will, at its expense (i) defend, or at its option settle, but subject to Elastic’s prior written consent, not to be unreasonably withheld, a claim brought against Elastic, its contractors, suppliers, licensors, and and/or its or their respective directors, officers, employees and agents, arising out of or related to MSP’s or its Affiliate’s use of the Cloud Service or the applicable Support Services, including, without limitation, MSP’s or its Affiliates’ breach of Section 2.4 2.5 and/or Section 8.1 of this Agreement, and (ii) indemnify Elastic against and paypay (1) any settlement of such claim or (2) any damages finally awarded to such third party by a court of competent jurisdiction as the result of such claim.