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 but not limited to Your Service Provider’s, Administrators’, Authorized Users’, Permitted Users’, 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 Devices, 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, and/or any other use of the Service; and/or (e) any claims regarding Your use or management of Personal Data. 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. Customer shall indemnify, reimburse, defend and hold Seller harmless for any claims, causes of action, legal pro- ceedings (including any costs associated with investiga- tions or inquiries by a governmental agency or entity), fines or penalties arising out of or in connection with Cus- tomer’s inaccurate representation regarding the destina- tion country, the end use or end user of the products, compliance with required government authorizations, or Customers’ breach or alleged breach of Trade Control Laws, or the Agreement or these T&C´s.
Indemnification. Qlik shall defend, indemnify and hold Customer harmless from any damages and costs awarded against Customer as a result of a third party claim that the Qlik Products, as delivered by Qlik and used as authorized under this Agreement, infringes upon any third party copyright, trademark or a patent (“IP Claim”). Customer shall defend, indemnify and hold Qlik harmless from any damages and costs awarded against Qlik as a result of a third party claim alleging Customer’s External Use of the Qlik Products or use of Customer Data with Qlik Products, infringes upon any third party copyright, trademark or patent to the extent any such infringement arose from Customer’s use or combination of the Qlik Products with any data, content, services or software or other materials not provided by Qlik. Each party’s indemnification obligation is subject to: (i) prompt notification of a claim in writing to the indemnifying party; (ii) consent to allow the indemnifying party to have sole control of the defense and any related settlement negotiations; and (iii) provision of information, authority and assistance as necessary for the defense and settlement of an indemnified claim. The indemnifying Party shall not consent to entry into judgment or enter into any settlement that admits liability of the indemnified Party, provides for injunctive or other non-monetary relief affecting the indemnified Party, without the prior consent of the indemnified Party, which consent shall not be unreasonably withheld.
Indemnification. To the extent permitted by applicable law, You agree to indemnify, hold harmless, and upon Apple’s request, defend Apple, its directors, officers, employees, shareholders, contractors and agents (each an “Apple Indemnified Party”) from any and all claims, liabilities, actions, damages, demands, settlements, expenses, fees, costs, and losses of any type, including without limitation attorneys’ fees and court costs (collectively, “Losses”), incurred by an Apple Indemnified Party and arising from or related to: (a) any Content You and/or Your End Users submit, post, transmit, or otherwise make available through the Service; (b) Your and/or Your End Users’ actual or alleged breach of, or failure to adhere to, any certification, covenant, obligation, representation or warranty in this Agreement; or (c) Your and/or Your End Users’ violation of any rights of another, or any laws, rules and regulations. You acknowledge that the Service is not intended for use in situations in which errors or inaccuracies in the content, functionality, services, data or information provided by the Service or Apple Software, or the failure of the Service or Apple Software, could lead to death, personal injury, or severe physical or environmental damage, and to the extent permitted by law, You hereby agree to indemnify, defend and hold harmless each Apple Indemnified Party from any Losses incurred by such Apple Indemnified Party by reason of any such use by You or Your End Users. This obligation shall survive the termination or expiration of this Agreement and/or Your use of the Service.
Indemnification. Qlik shall defend, indemnify and hold Customer and its directors, officers, employees, agents, and permitted successors and assigns harmless from any damages and costs awarded against Customer and its directors, officers, employees, agents, successors and assigns as a result of an IP Claim. Customer shall defend, indemnify and hold Qlik and its directors, managers, officers, employees, agents, resellers, licensors, affiliates, successors and assigns harmless from any damages and costs awarded against Qlik as a result of a third-party claim alleging: (i) Customer’s External Use of the Qlik Products or use of Content with Qlik Products infringes upon any third party rights, including any copyright, trademark or patent, or (ii) Customer’s failure to comply with any Export Control Laws.
Indemnification. Indemnification of Fund Manager and NEFCO. The Investors jointly and severally agree to indemnify, defend and hold harmless the Fund Manager and NEFCO from and against all claims, liability, loss or expense (including costs and reasonable attorney’s fees) in connection with the ac- tivities of the TGF, relating to or resulting from the violation by any of the Investors of any law or administrative regulation or any judicial, administrative or arbitration order, award, judgement, writ, injunction or decree.
Indemnification. 10.1. Visma shall defend the Customer against any claim or litigation where a third party claims that the Customer’s use of the Services under the TOS is in conflict or infringement with the third party’s patent, copyright or other intellectual property rights. The Customer shall immediately notify Visma of any such claim. Visma shall, to the extent that it is liable, indemnify the Customer for any cost, charge, damages, expense or loss imposed upon the Customer under a court- approved settlement or court ruling, as well as lawyer fees, provided that the Customer cooperates with Visma at Visma’s expense and gives Visma full control of the legal process and settlement, and that the settlement releases the Customer from all liability. Visma may at its discretion (i) modify the Services so they no longer are in conflict, (ii) replace the Services with functionally equivalent Services, (iii) obtain a license for the Customer’s continued use of the Service or (iv) terminate the Customer’s Accounts for the Services against a refund for any Subscription fees paid in advance for License periods that exceed the date of termination. The Customer may not make any other claims due to infringement of third party’s right.
10.2. The foregoing indemnity shall not apply if the Services have been used in breach of the TOS or if the claim arises out of any modification, integration or customisation of the Services not carried out by Visma.
10.3. The Customer shall defend Visma against any claim or litigation where a third party claims that the Customer’s Data, or use of the Services in breach of the TOS, is in conflict or infringement with the third party’s patent, copyright or other intellectual property rights, or is in breach or violation of applicable law. Visma shall immediately notify the Customer of any such claim. The Customer shall indemnify Visma for any cost, charge, damages, expense or loss imposed upon Visma under a court- approved settlement or court ruling, as well as lawyer fees, provided that Visma cooperates with the Customer at the Customer’s expense and gives the Customer full control of the legal process and settlement, and that the settlement releases Visma from all liability.
Indemnification. Customer shall indemnify, reimburse, defend and hold Seller harmless for any claims, causes of action, legal proceedings (including any costs associated with inves- tigations or inquiries by a governmental agency or en- tity), fines or penalties arising out of or in connection with Customer’s inaccurate representation regarding the destination country, the end use or end user of the products, compliance with required government au- thorizations, or Customers’ breach or alleged breach of Trade Control Laws, or the Agreement or these T&C´s. 7 Termination Seller shall have the right to terminate the Agreement with immediate effect if the Customer breaches the Agreement in which event Customer shall not be enti- tled to any refund or other compensation under the Agreement.
Indemnification. Korvaukset rahastonhoitajalle ja NEFCOlle. Sijoittajat suostuvat yhteisvas- tuullisesti maksamaan rahastonhoitajalle ja XXXXXxxx korvausta sekä puolustamaan ja suojaamaan näitä koealuerahaston toimin- nan yhteydessä kaikkia sellaisia vaateita, vastuita, tappioita tai kuluja vastaan (mu- kaan lukien kustannukset ja kohtuulliset asianajopalkkiot), jotka liittyvät siihen tai johtuvat siitä, että sijoittaja on rikkonut la- kia tai asetusta taikka oikeudellista, hallin- nollista tai välimiespäätöstä, velvoitustuo- miota, kieltotuomiota, muuta tuomiota tai tuomioistuinratkaisua.
Indemnification. 15.1 The indemnifying Party, at its own expense, shall defend, indemnify and hold harmless the indemnified Party against any losses, damages, liabilities, penalties, costs and expenses, including without limitation reasonable attorneys‟ fees, and pay any settlement amounts or awarded damages arising out of any third party claim, suit or action to the extent that such claim, suit or action is based upon an allegation that: (a) the indemnifying Party‟s performance of any of its obligations contemplated under the Agreement infringes on any rights of any third party (including, without limitation, any intellectual property rights, privacy rights or publicity rights); or (b) the indemnifying Party have breached any of its obligations, representations or warranties hereunder. The foregoing obligations are conditioned on the indemnified Party promptly notifying the indemnifying Party in writing of such claim.