Common use of Conditions to Indemnification Clause in Contracts

Conditions to Indemnification. Kofax will have the sole right to control the defense of, and to settle or compromise, any claim of infringement concerning the Software, and Kofax’s indemnification obligations are conditioned upon You (i) giving Kofax prompt written notice of any claim for which indemnity is sought, and (ii) fully cooperating in the defense or settlement of any such claim. Subject to the foregoing, however, You, at Your own expense, may participate, through its attorneys or otherwise, in the investigation, trial and defense of any such claim, demand or action and any appeal therefrom.

Conditions to Indemnification. Kofax will have the sole right to control the defense of, and to settle or compromise, any claim of infringement concerning the Software, and KofaxXxxxx’s indemnification obligations are conditioned upon You (i) giving Kofax prompt written notice of any claim for which indemnity is sought, and (ii) fully cooperating in the defense or settlement of any such claim. Subject to the foregoing, however, You, at Your own expense, may participate, through its attorneys or otherwise, in the investigation, trial and defense of any such claim, demand or action and any appeal therefrom.

Conditions to Indemnification. Kofax will have the sole right to control the defense of, and to settle or compromise, any claim of infringement concerning the SoftwareSubscription Services, and Kofax’s indemnification obligations are conditioned upon You Customer (ia) giving Kofax prompt written notice of any claim for which indemnity is sought, and (iib) fully cooperating in the defense or settlement of any such claim. Subject to the foregoing, however, YouCustomer, at Your Customer’s own expense, may participate, through its Customer’s attorneys or otherwise, in the investigation, trial and defense of any such claim, demand or action and any appeal therefrom.