Common use of Service Provider Indemnity Clause in Contracts

Service Provider Indemnity. Service Provider is solely responsible for the delivery and results of the Services it provides to its End Users. Service Provider agrees to (i) defend HPE against all claims and lawsuits in any form brought by Service Provider’s End Users or any other third party against HPE arising out of Service Provider’s unauthorized use of the Products or breach of its own contractual obligations to its End User with respect to the delivery of the Services, (ii) pay actual and direct liabilities, losses, damages, costs and expenses (including reasonable attorneys’ fees ) incurred by HPE with respect to same, and (iii) include a provision in its contract with End Users stating that End User will not bring any claims against HPE arising out of the Services. The limitation of liability in the Agreement shall not apply to Service Provider’s obligations and liability under the foregoing provisions.