Third Party Materials Indemnification. In addition, with respect to Third Party Materials provided by Successful Respondent pursuant to this Agreement, Successful Respondent covenants that it shall either indemnify, defend, and hold DIR and the DIR Customers harmless from and against any Losses arising out of or relating to such Third Party Materials, or it shall obtain and provide intellectual property indemnification for DIR and the DIR Customers (or obtain intellectual property indemnification for itself and enforce such indemnification on behalf of DIR and the DIR Customers) from the suppliers of such Materials. Unless otherwise approved in advance by DIR, such indemnification shall be: (i) comparable to the intellectual property indemnification provided by Successful Respondent to DIR and the DIR Customers under this Agreement; or (ii) the best indemnification reasonably available in the industry for the same or substantially similar types of products for the intended use of such Materials.
Appears in 3 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
Third Party Materials Indemnification. In addition, with respect to Third Party Materials provided by Successful Respondent pursuant to this Agreement, Successful Respondent covenants that it shall either indemnify, defend, and hold DIR and the DIR DCS Customers harmless from and against any Losses arising out of or relating to such Third Party Materials, or it shall obtain and provide intellectual property indemnification for DIR and the DIR DCS Customers (or obtain intellectual property indemnification for itself and enforce such indemnification on behalf of DIR and the DIR DCS Customers) from the suppliers of such Materials. Unless otherwise approved in advance by DIR, such indemnification shall be:
(i) comparable to the intellectual property indemnification provided by Successful Respondent to DIR and the DIR DCS Customers under this Agreement; or
(ii) the best indemnification reasonably available in the industry for the same or substantially similar types of products for the intended use of such Materials.
Appears in 2 contracts
Samples: Mainframe Services Master Services Agreement, Master Services Agreement