Indemnification. The customer shall indemnifiy everyworks from all claims asserted against it by third parties as a result of infringement by the customer of his/her obligations as per clauses 6 to 9 or his/her violation of statutory requirements in connection with his/her use of Work Spaces. The customer shall reimburse everyworks for all damages and costs incurred in this connection including costs for legal advice and legal proceedings. If third parties assert claims against everyworks due to a suspected violation on the part of the cus- tomer, everyworks shall notify the customer immediately and shall undertake defence in consultation with the customer or – at the discretion of everyworks – leave this to the customer. The parties shall support one another in legal defence and shall work jointly to achieve a successful legal defence. In particular, the parties shall share all information and submit statements that are required for legal defence. Neither party shall acknowledge claims by third parties without the other party's consent. In the case of the use of a corporate account, the indemnification by the customer also extends to claims that are asserted due to a culpable violation of an employee of the customer against everyworks.
Indemnification. If the Tour Operator or their agents culpably breach the duties incumbent upon the Tour Operator under the contractual relationship, the Tour Operator shall compensate the Customer for all resulting loss. Insofar as the Tour Operator is answerable for persons other than their employees, they shall, except in cases of personal injury, be liable only if they fail to prove that no wrongful intent or gross negligence is imputable to them. With the exception of cases of wrongful intent and gross negligence, the Tour Operator shall not be liable for items not usually taken along, unless they take such into their safekeeping with knowledge of the circumstances. The Customer is therefore advised not to carry along objects of special value. Moreover, it is recommended that items taken along be kept in a safe place.
Indemnification. To the extent permitted by applicable law, You agree to indemnify and hold harmless, and upon Apple’s request, defend, Apple, its directors, officers, employees, affiliates, independent contractors and authorized representatives (each an “Apple Indemnified Party”) from any and all claims, losses, liabilities, damages, expenses and costs, including without limitation attorneys’ fees and court costs, (collectively, “Losses”) incurred by an Apple Indemnified Party and arising from or related to any of the following: (a) Your breach of any certification, covenant, obligation, representation or warranty made in this Agreement; (b) Your use (including Your Service Provider’s, Administrator’s, Authorized User’s, and/or Permitted Entity’s use) of the Service; (c) any claims, including but not limited to any end user claims, about Your use, deployment or management of Authorized Xxxxxxx, Device Enrollment Settings, and/or MDM Servers; (d) any claims, including but not limited to any end user claims, about the provision, management, and/or use of Authorized Devices, Administrator accounts, Managed Apple IDs, or Content licensed or purchased through the Service, and/or any other use of the Service; and/or (e) any claims regarding Your use or management of Personal Data (including use by Your Permitted Entity or Authorized Users). In no event may You enter into any settlement or like agreement with a third- party that affects Apple’s rights or binds Apple or any Apple Indemnified Party in any way, without the prior written consent of Apple.
Indemnification. 12.1. Indemnification by Customer
Indemnification. If DiCommerce is held liable by a third party due to an act of the customer, the customer will indemnify DiCommerce in full for the claims.
Indemnification. You will indemnify the Stripe Parties against all Stripe Losses arising out of or relating to (a) the Stripe Issuing Accountholders’ and Card Authorised Users’ use of the Stripe Issuing Services, including any Stripe Issuing Accountholder’s or Card Authorised User’s act or omission related to the Stripe Issuing Services; and (b) all Card Disputes.
Indemnification. 10.1. Indemnification by Customer
(a) Customer is liable in case of any claims by Third Parties for damages incurred by such Third Parties in connection with Customer’s usage of Services.
(b) Customer agrees to indemnify, defend, release, and hold Service Provider, and all Service Partner, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any Third Party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by Service Provider arising as a result of, or in connection with: • any negligent acts, omissions or wilful misconduct by Customer; • any breach of this Agreement by Customer; and/or • Customer’s violation of any law including but not limited to data protections laws or of any rights of any Third Party.
(c) In the event Service Provider seeks indemnification from Customer according to 10 (Indemnification), Service Provider will inform
(d) In this case, Service Provider is entitled to appoint a legal counsel and to control any proceeding necessary to safeguard its rights as well as to demand reimbursement of the associated costs. EN_Transporeon_General_terms_and_conditions_V14.0
10.2. Indemnification by Service Provider
(a) Service Provider will indemnify Customer from claims of Third Parties arising from the infringement of their Intellectual Property rights which have arisen through the use of Services by Customer to the extent set out in “Liability”.
(b) Customer will give Service Provider prompt written notice in parallel with an e-mail notification of such claim. Customer will also provide information, reasonable assistance as well as the sole authority to Service Provider to defend or settle such claim.
(c) Service Provider may, at its reasonable discretion,
(i) obtain for Customer the right to continue using Services, or
(ii) replace or modify Services so that they become non-infringing; or
(iii) cease to provide Services and reimburse Customer for reasonable expenses resulting therefrom. Security classification: Protected 8
10.3. No obligation
(a) If Customer resolves the dispute with a Third Party without the prior written consent of Service Provider, Service Provider is not obliged to indemnify Customer in accordance with the provisions of 10.2 (Indemnification by Service Provider).
(b) Service Provider will have no obligation to indemnify Cus...
Indemnification. (1) If the Parties agree on fixed volumes and prices for a definite pe- riod in the Sales Contract, the Buyer shall order and take over the total contracted volume of the Goods during the contractual pe- riod and pay the value of the Goods to the Seller in due time. The Seller shall deliver the total contracted volume of the Goods to the Buyer during the contractual period unless the Seller is ex- empted from the fulfilment of the contract due to any breach of agreement by the Buyer. If the Buyer does not order and take over the total contracted volume during the validity of the Sales vertrages die gesamte Vertragsmenge nicht bestellt und über- nimmt und sich die Parteien nicht auf eine Regelung hinsichtlich der offenen Mengen einigen, ist die Verkäuferin berechtigt (aber nicht verpflichtet), die Waren auf Kosten der Käuferin zu lagern.
Indemnification. 14.1. Soweit gesetzlich zulässig stellt der Käufer den Verkäu- fer, seine Tochter- und Muttergesellschaften, verbundene Un- ternehmen, Partner, deren Rechtsnachfolger und Abtretungs- empfänger sowie ihre jeweiligen vorherigen und derzeitigen Vorstandmitglieder Führungskräfte, Mitarbeiter und Erfül- lungsgehilfen (zusammengefasst: "die von der Haftung frei- gestellten Personen des Verkäufers") frei von den nachste- hend bezeichneten Forderungen. 14.1. To the extent permitted by law, the Buyer releases from liability the Seller, his subsidiaries and parent compa- nies, affiliated companies, partners, their legal successors and assignees as well as their respective previous and current board members, managers, employees and vicari- ous agents (summarized: "the Seller's Indemnitees") with regard to claims specified below. 14.2. Die Freistellung betrifft Forderungen aufgrund von Ver- lusten, Schäden, Haftungen, Ansprüchen, Klagen, Urteilen, 14.2. The indemnification applies to claims based on loss,damage, liability, responsibility, lawsuits, judgments, fees, court costs as well as legal and other costs, including
Indemnification. 6.1. Excluding any claims arising out of or related to the violation by Xxxx or Information Providers of any third party copyrights, patents, trademarks or trade secrets; provided, however, that Information Providers have indemnified Ovid from and against any and all such claims, Subscriber agrees to indemnify Xxxx from and defend, at its own expense (including reasonable attorney's fees) against any and all claims of third parties (including without limitation, copyright infringement) arising out of or related to Authorized Users' use of the Products or any materials provided hereunder, regardless of whether such claims were foreseeable by Xxxx; provided that Xxxx promptly notify Subscriber of the claim and provides all information and cooperation necessary to negotiate and defend the claim. At its discretion, Xxxx may participate in the defence, settlement or negotiation of any claims.