Common use of Planet Payment Indemnification Clause in Contracts

Planet Payment Indemnification. Planet Payment shall be liable to and shall indemnify and hold the Acquirer Indemnified Persons harmless from and against any and all legal liability to a third party, and out of pocket costs and expense (including litigation expenses and reasonable legal fees) to which Acquirer Indemnified Persons are subjected, or which any of them incur in connection with any claims, which arise from or out of or as the result of (i) Planet Payment’s breach of this Agreement, including any breach by any of its Affiliates; (ii) the performance by Planet Payment or by its Affiliates of any of their duties and obligations under this Agreement or (iii) the negligence or willful misconduct of Planet Payment or its Affiliates in the performance of their duties and obligations under this Agreement. Planet Payment’s obligations to Acquirer under this sub-Section shall be reduced only to the extent such legal liability to a third party, and out of pocket costs and expense arise from or out of or as a result of the acts or omissions of Acquirer or an Affiliate of Acquirer. The provisions of this paragraph do not apply to Planet Payment’s indemnification obligations with respect to Infringement Claims, which are addressed in Section 8 above.

Appears in 4 contracts

Samples: Service Agreement (Planet Payment Inc), Service Agreement (Planet Payment Inc), Service Agreement (Planet Payment Inc)

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Planet Payment Indemnification. Planet Payment shall be liable to and shall indemnify and hold the Acquirer GPPC Indemnified Persons harmless from and against any and all legal liability to a third party, and out of pocket costs and expense (including litigation expenses and reasonable legal fees) to which Acquirer GPPC Indemnified Persons are subjected, or which any of them incur in connection with any claims, which arise from or out of or as the result of (i) Planet Payment’s breach of this Agreement, including any breach by any of its Affiliates; (ii) the performance by Planet Payment or by its Affiliates of any of their duties and obligations under this Agreement or (iii) the negligence or willful misconduct of Planet Payment or its Affiliates in the performance of their duties and obligations under this Agreement. Planet Payment’s obligations to Acquirer GPPC under this sub-Section shall be reduced only to the extent such legal liability to a third party, and out of pocket costs and expense arise from or out of or as a result of the acts or omissions of Acquirer GPPC or an Affiliate of AcquirerGPPC. The provisions of this paragraph do not apply to Planet Payment’s indemnification obligations with respect to Infringement Claims, which are addressed in Section 8 above.

Appears in 2 contracts

Samples: Service Agreement (Planet Payment Inc), Service Agreement (Planet Payment Inc)

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Planet Payment Indemnification. Planet Payment shall be liable to and shall indemnify and hold the Acquirer Indemnified Persons harmless from and against any and all legal liability to a third party, and out of pocket costs and expense (including litigation expenses and reasonable legal fees) to which Acquirer Indemnified Persons are subjected, or which any of them incur in connection with any claims, which arise from or out of or as the result of (i) Planet Payment’s breach of this Agreement, including any breach by any of its Affiliates; (ii) the performance by Planet Payment or by its Affiliates of any of their duties and obligations under this Agreement or Agreement, (iii) the negligence or willful misconduct of Planet Payment or its Affiliates in the performance of their duties and obligations under this Agreement; (iv) the failure of Planet Payment to [*] in accordance with the terms [*] where the [*]; or (vi) the [*] to submit to [*] that should be reasonably acceptable to [*]. Planet Payment’s obligations to Acquirer under this sub-Section shall be reduced only to the extent such legal liability to a third party, and out of pocket costs and expense arise from or out of or as a result of the acts or omissions of Acquirer or an Affiliate of Acquirer. The provisions of this paragraph do not apply to Planet Payment’s indemnification obligations with respect to Infringement Claims, which are addressed in Section 8 10 above.

Appears in 1 contract

Samples: Services Agreement (Planet Payment Inc)

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