USE AND INDEMNITY Sample Clauses
The "Use and Indemnity" clause defines the responsibilities and liabilities of parties regarding the use of a product, service, or property, and establishes who must compensate whom in the event of certain losses or damages. Typically, this clause requires one party (often the user or licensee) to use the subject matter in accordance with specified terms and to indemnify the other party against claims, damages, or losses arising from misuse, negligence, or third-party actions. Its core function is to allocate risk by protecting one party from financial or legal consequences caused by the actions of the other, thereby encouraging responsible use and clarifying liability.
USE AND INDEMNITY. Lessee shall use the Equipment only in Lessee's business. Lessee agrees not to allow the Equipment to be used by other than its employees, consultants and agents. Lessee acknowledges that the Equipment is leased for commercial purposes and not for personal, family or household use. Lessee agrees to indemnify and hold Lessor, and Lessor's officers, directors, shareholders, partners, affiliates, agents, servants, successors and Assignees, harmless against any and all liabilities, losses, damages, actions, claims and expenses of any kind and nature, including, without limitation, court costs and reasonable attorneys' fees and expenses (each, a "Claim"), directly or indirectly related to or arising in connection with the breach of any representation or warranty of Lessee under this Lease or the manufacture, purchase, licensing, lease or sublease, delivery, installation, operation, use, ownership, maintenance, storage, relocation, return or condition of any Unit of the Equipment (regardless of whether such Unit is at the time in the possession or control of Lessee), except to the extent any such claims, actions, liabilities and expenses result from the willful misconduct of Lessor. The foregoing indemnity shall cover, without limitation, (i) any Claim in connection with a design or other defect (latent or patent) in any Unit, (ii) any Claim for infringement of any patent, copyright, trademark or other intellectual property right, (iii) any Claim resulting from the presence on or under or the escape, seepage, leakage, spillage, discharge, emission or release from any Unit of any Hazardous Materials, including, without limitation, any Claims asserted or arising under any Environmental Law, or (iv) any Claim for negligence or strict or absolute liability in tort. Upon Lessor's written demand, Lessee shall assume and diligently conduct, at its sole cost and expense, the entire defense of Lessor and its agents, employees, successors and assigns against any indemnified Claim described in this Paragraph 5. Lessee shall not settle or compromise any Claim against or involving Lessor without first obtaining Lessor's written consent thereto, which consent shall not be unreasonably withheld. The foregoing indemnity shall continue in full force and effect notwithstanding termination or cancellation of this Lease, whether by expiration of time, operation of law or otherwise.
USE AND INDEMNITY. 6.1. The Customer will not use or allow others to use the Service:
a) to distribute material that is defamatory, abusive, menacing, threatening, harassing or illegal under any law at any place where transmissions are sent from, viewed or received;
b) to install transmit or distribute any unsolicited mail, advertising material or any other material of an offensive, obscene or indecent nature or otherwise contrary to law or an applicable code of conduct;
c) to copy or distribute material where it has no right to do so (for example, someone else’ s copyrighted works or confidential information);
d) to commit a crime or in the course of committing a crime or for an unlawful purpose;
e) to engage in any activities in such a manner as to expose Interphone or an Other Supplier to liability;
f) to do any act that may damage the network or systems or cause the quality of the Service to be impaired;
g) to attack or breach the security of or deny service to comput- ers not belonging to the Customer or engaging in any activity that is reasonably likely to h) result in damage to persons other than the Customer or com- puters other than those belonging to the Customer;
i) for the distribution of viruses or other similar programs whether in or outside the Service or whether to any computer or equip- ment whatsoever;
j) to breach the copyright in any software or other material made available to the Customer through the provisions of the Service whether with or without appropriate permission; or
k) in a manner that does not comply with any instructions given by Interphone under clause 4 of the General ▇▇▇▇▇ and Con- ditions
6.2. The Customer will indemnify Interphone against all costs, losses, damages, liabilities and expenses (including all reasonable legal costs, fees and expenses) incurred or suffered by Interphone as a result of use of the Service in breach of clause 6.1.
USE AND INDEMNITY a) you will not use or allow others to use the internet Services:
b) to distribute material that is defamatory, abusive, menacing, threatening, harassing or illegal under any law at any place where transmissions are sent from, viewed or received;
c) to transmit any unsolicited mail, advertising material or any other material of an offensive, obscene or indecent nature or otherwise contrary to law or an applicable code of conduct;
d) to copy or distribute material where it has no right to do so (for example, someone else’s copyrighted works or confidential information);
e) to commit a crime or in the course of committing a crime or for an unlawful purpose;
f) to engage in any activities in such a manner as to expose us or an Other Supplier to liability;
g) to do any act that may damage the network or systems or cause the quality of the internet Services to be impaired; or
h) does not comply with any instructions given by us under clause 5.10 of the General Terms and Conditions.
i) you will indemnify us against all costs, losses, damages, liabilities and expenses (including all reasonable legal costs, fees and expenses) incurred or suffered by us as a result of use of the internet Service in breach of clause 5.10.1
USE AND INDEMNITY. (a) you will not use or allow others to use the internet Services:
(i) to distribute material that is defamatory, abusive, menacing, threatening, harassing or illegal under any law at any place where transmissions are sent from, viewed or received;
(ii) to transmit any unsolicited mail, advertising material or any other material of an offensive, obscene or indecent nature or otherwise contrary to law or an applicable code of conduct;
(iii) to copy or distribute material where it has no right to do so (for example, someone else’s copyrighted works or confidential information);
(iv) to commit a crime or in the course of committing a crime or for an unlawful purpose;
(v) to engage in any activities in such a manner as to expose us or an Other Supplier to liability;
(vi) to do any act that may damage the network or systems or cause the quality of the internet Services to be impaired; or
(vii) does not comply with any instructions given by us under clause 2.7 of the General Terms and Conditions.
(b) you will indemnify us against all costs, losses, damages, liabilities and expenses (including all reasonable legal costs, fees and expenses) incurred or suffered by us as a result of use of the internet Service in breach of clause 5.3(a).
USE AND INDEMNITY. 6.1. The Customer will not use or allow others to use the Service:
a) to distribute material that is defamatory, abusive, menacing, threatening, harassing or illegal under any law at any place where transmissions are sent from, viewed or received;
b) to install transmit or distribute any unsolicited mail, advertising material or any other material of an offensive, obscene or indecent nature or otherwise contrary to law or an applicable code of conduct;
c) to copy or distribute material where it has no right to do so (for example, someone else’ s copyrighted works or confidential information);
d) to commit a crime or in the course of committing a crime or for an unlawful purpose;
e) to engage in any activities in such a manner as to expose FibreNet or an Other Supplier to liability;
USE AND INDEMNITY. Tenant will not store, use, generate, produce, manufacture, distribute, sell, handle, broker, release, or dispose of any Hazardous Materials on or about the Premises, provided that Tenant will have the right to store and use reasonable amounts of chemicals and/or solvents used for ordinary office equipment and ordinary office uses so long as such chemicals and/or solvents are stored and/or used in accordance with applicable Law and any and all instructions accompanying such products relating to the use and disposal of such products. Notwithstanding anything to the contrary contained in this Lease, neither Tenant nor any Tenant Party shall be liable or responsible (legally, financially or otherwise) with respect to any Hazardous Materials except for Hazardous Materials that are brought onto or negligently permitted by Tenant or any Tenant Party to enter on, in or under the Premises, the Building or the Project (collectively referred to as “Tenant Hazardous Materials”). The term “Landlord Hazardous Materials” shall mean all Hazardous Materials present at the Project or Building prior to the Commencement Date as well as Hazardous Materials which are stored, generated, handled, brokered, released, produced, manufactured, used or disposed of by Landlord or Landlord Parties following the Commencement Date (but shall specifically exclude any Hazardous Materials brought onto, or disposed, released, or used at the Project or Building after the Commencement Date by anyone other than the Landlord or Landlord Parties). Tenant shall fully comply with all requirements of all applicable Laws to the extent they pertain to Tenant Hazardous Materials. In the event that the existence of Hazardous Materials (other than Tenant Hazardous Materials) on, in or under the Premises, the Building or the Project interferes with Tenant’s use of the Premises, such situation shall be handled pursuant to the provisions of Article 11 as though such existence constituted a casualty for purposes of Rent and Property Taxes abatement and termination rights. Except to the extent that claims, demands, causes of action, damages, costs and liabilities (including attorneys’ fees and costs), arising out of, in connection with, or in any way related to, the storage, generation, handling, brokering, release, production, manufacturing, use or disposal of any Tenant Hazardous Materials, are caused by the negligence or willful misconduct of Landlord or any Landlord Party, Tenant will be responsible for, ...