Indemnity. Seller shall indemnify, hold harmless, and at iTunes’s request, defend iTunes, its officers, directors, customers, agents and employees, against all claims, liabilities, damages, losses, and expenses, including attorneys’ fees and cost of suit arising out of or in any way connected with the Goods or Services provided pursuant to a PO, including, without limitation,
(i) any claim based on the death or bodily injury to any person, destruction or damage to property, or contamination of the environment and any associated clean up costs,
(ii) Seller failing to satisfy any legal threshold for status as an independent contractor,
(iii) any claim based on the negligence, omissions, or willful misconduct of Seller or any of Seller’s Affiliates, and (iv) any claim by a third party against iTunes alleging that the Goods or Services, the results of such Services, or any other products or processes provided pursuant to a PO, infringe a patent, copyright, trademark, trade secret, or other proprietary right of a third party, whether such are provided alone or in combination with other products, software, or processes. Seller shall not settle any such suit or claim without iTunes’s prior written approval. Xxxxxx agrees to pay or reimburse all costs that may be incurred by iTunes in enforcing this indemnity, including attorneys’ fees. Should the use of any Goods or Services by iTunes, its distributors, subcontractors, or customers be enjoined, be threatened by injunction, or be the subject of any legal proceeding, Seller shall, at its sole cost and expense, either (a) substitute fully equivalent non-infringing Goods or Services; (b) modify the Goods or Services so that they no longer infringe but remain fully equivalent in functionality;
Indemnity. Seller shall indemnify, hold harmless, and at Apple’s request, defend Apple, its officers, directors, customers, agents and employees, against all claims, liabilities, damages, losses, and expenses, including attorneys’ fees and cost of suit arising out of or in any way connected with the Goods or Services provided pursuant to a PO, including, without limitation,
(i) any claim based on the death or bodily injury to any person, destruction or damage to property, or contamination of the environment and any associated clean up costs,
(ii) Seller failing to satisfy any legal threshold for status as an independent contractor,
(iii) any claim based on the negligence, omissions, or willful misconduct of Seller or any of Seller’s Affiliates, and (iv) any claim by a third party against Apple alleging that the Goods or Services, the results of such Services, or any other products or processes provided pursuant to a PO, infringe a patent, copyright, trademark, trade secret, or other proprietary right of a third party, whether such are provided alone or in combination with other products, software, or processes. Seller shall not settle any such suit or claim without Apple’s prior written approval. Xxxxxx agrees to pay or reimburse all costs that may be incurred by Apple in enforcing this
Indemnity. 7.1 Neither T-Engine Forum nor the copyright holder of the Source Code shall be liable for any damages (including, but not limited to, damages resulting from loss of profit, business interruption, loss of business information or any other pecuniary damage) arising out of use or impossibility of use of the Source Code, even if T-Engine Forum and the copyright holder have been informed of the possibility of such damages.
Indemnity. Customer agrees to indemnify and hold ProQuest and G-Search, its officers, employees and its suppliers harmless from and against any loss, claim, demand, expense (including attorney's fees), or liability of whatever nature or kind of Customer or of third parties arising out of the use of Service or materials provided hereunder; provided however, that such obligations shall not apply where the loss, claim, demand, expense, or liability arises from ProQuest's infringement of the intellectual rights of third parties. ProQuest and G-Search agrees to indemnify and hold Customer, its officers, and employees harmless from and against any loss, claim, demand, expense (including attorney's fees) or liability arising out of ProQuest's and G-Search's infringement of the intellectual property rights of third parties.
Indemnity. Registrant agrees to indemnify, keep indemnified and hold both Melbourne IT and the registry administrator, their directors, officers, employees and agents harmless from and against all and any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or relating to Registrant's domain name registration, renewal or pre-registration, or to the Registrant's use of the domain name. This clause survives termination of this Agreement.
Indemnity