Indemnity. 11.31.1. The Bidder/ successful bidder shall indemnify the Bank, and shall always keep indemnified and hold the Bank, its employees, personnel, officers, directors, harmless from and against any and all losses, liabilities, claims, actions, costs and expenses (including attorneys' fees) relating to, resulting directly or indirectly from or in any way arising out of any claim, suit or proceeding brought against the Bank as a result of: 1. Bank’s authorized / bona fide use of the Deliverables and /or the Services provided by Bidder under this RfP document; and/or 2. An act or omission of the Bidder, employees, agents, sub contractors in the performance of the obligations of the Bidder under this RfP document; and/or 3. Claims made by employees or subcontractors or subcontractors’ employees, who are deployed by the Bidder, against the Bank; and/or 4. Breach of any of the term of this RfP document and/or of the agreement to be entered subsequent this RfP or breach of any representation or false representation or inaccurate statement or assurance or covenant or warranty by the successful Bidder under this RfP document and/or of the agreement to be entered subsequent this RfP; and/or 5. Any or all Deliverables or Services infringing any patent, trademarks, copyrights or such other Intellectual Property Rights; and/or 6. Breach of confidentiality obligations of the Bidder contained in this RfP document; and/or 7. Negligence, fraudulence activities or gross misconduct attributable to the bidder or its employees or sub-contractors; and/or 8. The use of unlicensed and illegal Software and/or allied components by the successful Bidder
11.31.2. The Bidder will have to at its own cost and expenses defend or settle any claim against the Bank that the Deliverables and Services delivered or provided under this RfP document infringe a patent, utility model, industrial design, copyright, trade secret, mask work or trade mark in the country where the Deliverables and Services are used, sold or received, provided the Bank: 1. Notifies the Bidder in writing; and 2. Cooperate with the bidder in the defense and settlement of the claims.
11.31.3. The Bidder shall not be liable for defects or non-conformance resulting from: 1. Software, hardware, interfacing not approved by Bidder; or 2. Unauthorized modification of Software or any individual product supplied under this RfP document, or Bank’s failure to comply with any mutually agreed environmental specifications. 3. Use of a Del...
Indemnity. The Contractor shall at all times indemnify the Purchaser against all claims which may be made in respect of Stores against infringement of any right protected by Patent Registration and Law of Designs or Trade Marks and shall indemnify any risk of accidents or damage to the Stores and continue to indemnify the Purchaser against all patent and latent defects till the satisfactory completion of the warranty period.
Indemnity. 1. The successful bidder shall, at its own expense, indemnify, defend and hold harmless BANK and its officers, directors, employees, representatives, agents respective directors, and assigns from and against any and all losses and liability (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses, including attorney’s fees and expenses) that may be occurring due to, arising from or relating to:
a) a breach, non-performance or inadequate performance by the successful bidder of any of the terms, conditions, covenants, representations, undertakings, obligations or warranties under this Agreement; or
b) the acts, errors, representations, misrepresentations, willful misconduct or negligence of the successful bidder , its employees in performance of its obligations under this Agreement; or
c) any deficiency in the services of the successful bidder or
d) Violation of any applicable laws by the successful bidder, its agents, employees, representatives etc.
2. In the event of successful bidder not fulfilling its obligations under this clause within the period specified in the notice issued by the Bank. Bank has the right to recover the amounts due to it under this provision from any amount payable to the vendor under this project.
3. The indemnities under this clause are in addition to and without prejudice to the indemnities given elsewhere in this agreement.
Indemnity. 19.28.1The Bidder/ successful bidder shall indemnify the Bank, and shall always keep indemnified and hold the Bank, its employees, personnel, officers, directors, harmless from and against any and all losses, liabilities, claims, actions, costs and expenses (including attorneys' fees) relating to, resulting directly or indirectly from or in any way arising out of any claim, suit or proceeding brought against the Bank as a result of:
19.28.1.1 Bank’s authorized / bona fide use of the Deliverables and /or the Services provided by Bidder under this RfP document; and/or any subsequent agreement; and/or
19.28.1.2 An act or omission of the Bidder, employees, agents, sub-contractors in the performance of the obligations of the Bidder under this RfP document or any subsequent agreement; and/or
19.28.1.3 Claims made by employees or subcontractors or subcontractors’ employees, who are deployed by the Bidder, against the Bank; and/or
19.28.1.4 Breach of any of the term of this RfP document and/or of the agreement to be entered subsequent to this RfP or breach of any representation or false representation or inaccurate statement or assurance or covenant or warranty by the successful Bidder under this RfP document and/or of the agreement to be entered subsequent this RfP; and/or
19.28.1.5 Negligence or gross misconduct attributable to the Bidder or its employees or sub-contractors.
19.28.1.6 Any or all Deliverables or Services infringing any patent, trademarks, copyrights or such other Intellectual Property Rights; and/or
19.28.1.7 Breach of confidentiality obligations of the Bidder contained in this RfP document; and/or
19.28.1.8 The use of unlicensed and illegal Software and/or allied components by the successful Bidder