Common use of Subdistributors Clause in Contracts

Subdistributors. Toshiba may exercise its distribution rights hereunder through the use of subdistributors; provided, that each subdistributor must agree in a signed writing, prior to obtaining the Licensed Engine Product or Combined Engine Components or Combined Engine Products from Toshiba, to be bound by all applicable restrictions on Toshiba set forth in this Agreement with respect to the Licensed Engine Product. Toshiba shall provide the name of such subdistributor to Wink promptly upon contracting with such subdistributor regarding services concerning the Licensed Engine Product. Upon request of Wink, Toshiba shall promptly provide to Wink a copy of such signed writing with each subdistributor, and Toshiba shall ensure that each subdistributor abides by such restrictions. Toshiba agrees to indemnify, defend and hold Wink harmless from and against any loss, cost, liability or expense (including Wink's reasonable attorneys' fees) arising out of or related to a breach of the foregoing provisions by subdistributors. Toshiba shall promptly notify Wink if Toshiba knows or believes that a subdistributor has breached the provisions of this section.

Subdistributors. Toshiba may exercise its distribution rights hereunder through the use of subdistributors; provided, that each subdistributor must agree agrees in a signed writing, prior to obtaining the Licensed Engine Combined Broadcast Server Product or Combined Engine Components or Combined Engine Products from Toshiba, to be bound by all applicable restrictions on Toshiba set forth in this Agreement with respect to the Licensed Engine ProductWAS Technology. Toshiba shall provide the name of such subdistributor to Wink promptly upon contracting with such subdistributor regarding services concerning the Licensed Engine ProductWAS Technology. Upon request of Wink, Toshiba promptly shall promptly provide to Wink a copy of such signed writing with each subdistributor, and Toshiba shall ensure that each subdistributor abides by such restrictions. Toshiba agrees to indemnify, defend and hold Wink harmless from and against any loss, cost, liability or expense (including Wink's reasonable attorneys' fees) arising out of or related to a breach of the foregoing provisions by subdistributors. Toshiba shall promptly notify Wink if Toshiba knows or believes that a subdistributor has breached the provisions of this sectionSection 3.3.