Third Party Intellectual Property Claims. 10.1.1. The Managed Service Provider shall defend the End User against claims brought against the End User in the Territory to the extent that such claim: (i) is brought by a third-party owner of the intellectual property giving rise to the claim; and (ii) alleges that the End User’s Use of the Software in accordance with the terms and conditions of this Agreement constitutes a direct infringement or misappropriation of a patent claim(s) or copyright.
Third Party Intellectual Property Claims. 15.1. Wizard indemnifies Customer against any direct loss, damage, liability, costs or expenses incurred by Customer as a result of a claim by a third party against Customer that the Service(s) or any material provided by Wizard under this Agreement infringes the trade mark, copyright or other intellectual property rights (other than patent rights) of the third party, subject to Customer allowing Wizard to direct any defence and settlement of the claim. This indemnity does not apply to the extent the claim arises out of any modification of any materials provided by Wizard, relates to services or materials provided by a third party in conjunction with the Service(s), or is caused or contributed to by Customer.
Third Party Intellectual Property Claims. Royal Conservatoire Alumni Community shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Royal Conservatoire Alumni Community App. To the extent Royal Conservatoire Alumni Community is required to provide indemnification by applicable law, Royal Conservatoire Alumni Community, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Royal Conservatoire Alumni Community App or your use of it infringes any third party intellectual property right.
Third Party Intellectual Property Claims. With respect to infringement claims by third parties against Sublicensee asserting that Sublicensee’s use of the Mxxx infringes their rights, Sublicensee will give prompt notice thereof to Venture and Owner. Subject to the Master License and the approval of Owner, Venture shall have the right to control, defend, and settle the claim at its option, and the reasonable costs thereof (including attorneys’ fees, costs, disbursements and the cost of settlement), if any, shall be divided evenly between Venture and Sublicensee, unless such claims are based on the breach of this Agreement by Sublicensee, in which case such costs shall be borne exclusively by Sublicensee. If Venture declines to exercise this option, it shall not be liable or responsible for any of the costs arising from the defense and settlement of the claim, unless the claim arises from Venture’s breach of its representations and/or warranties pursuant to this Agreement
Third Party Intellectual Property Claims. (a) Except with respect to the persons, entities and technology listed on Schedule 19 attached hereto, as to which the indemnification and other obligations of HTS set forth in this Section 24.9 shall not apply, HTS shall indemnify and hold harmless ExpressVu from and against all losses, damages, costs and expenses (including, without limitation, reasonable legal costs and expenses) which ExpressVu may suffer or incur arising out of or resulting from any claim or action against ExpressVu by a third party alleging that (i) the use by ExpressVu of the HTS Software or (ii) the sale of the Boxes in Canada or (iii) any Software or other Intellectual Property Rights (excluding Intellectual Property Rights associated with the Hardware) incorporated into the System by HTS and which is not listed in Schedule 6 attached hereto, infringes any Intellectual Property Right of such third party. Nothing herein shall be construed as or deemed an admission by HTS of any ownership or other rights of the Persons or entities listed on Schedule 19 attached hereto with respect to any technology. Notwithstanding the foregoing, in respect of the Persons and technology listed on Schedule 19, HTS and its applicable Affiliates agree to use their commercially reasonable efforts to obtain for ExpressVu the benefit of any settlement, at ExpressVu's expense, entered into with such Persons or in respect of such technology for the dismissal or withdrawal of claims or actions brought against HTS or its applicable Affiliates by such Persons or in respect of such technology.
Third Party Intellectual Property Claims. HomeAdvisor shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the HomeAdvisor App. To the extent HomeAdvisor is required to provide indemnification by applicable law, HomeAdvisor, not the app distributor or operating system of your mobile device, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the HomeAdvisor App or your use of it infringes any third party intellectual property right.
Third Party Intellectual Property Claims. (a) Paper Software agrees to indemnify, defend, and hold harmless Li- censee and Licensee’s directors, employees, agents, affiliates, and contractors from any damages, suits, claims, judgments, and liabili- ties against Licensee to the extent that the underlying claim is based on an allegation by a third-party claimant that the Software licensed hereunder has actually infringed a valid United States or international patent, trademark or copyright. In order to be entitled to this indem- nity, Licensee must: (i) promptly notify Paper Software of such action;
Third Party Intellectual Property Claims. The Licensor will defend, indemnify and hold harmless the Licensee against any claim made by a third party that the Software infringes the copyright, trade-xxxx or known patent rights of such third party in Canada or the United States, unless:
Third Party Intellectual Property Claims. ThePowerMBA Community shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the ThePowerMBA Community App. To the extent ThePowerMBA Community is required to provide indemnification by applicable law, ThePowerMBA Community, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the ThePowerMBA Community App or your use of it infringes any third party intellectual property right.
Third Party Intellectual Property Claims. WOMEN IN TECH shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the WOMEN IN TECH App. To the extent WOMEN IN TECH is required to provide indemnification by applicable law, WOMEN IN TECH, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the WOMEN IN TECH App or your use of it infringes any third party intellectual property right.
