Common use of Indemnification for Certain Claims Clause in Contracts

Indemnification for Certain Claims. The Party providing services hereunder, its Affiliates and its parent company, shall be indemnified, defended and held harmless by the Party receiving services hereunder against any claim, loss or damage arising from the receiving Party’s use of the services provided under this Agreement pertaining to (1) claims for libel, slander or invasion of privacy arising from the content of the receiving company’s own communications, or (2) any claim, loss or damage claimed by the Customer of the Party receiving services arising from such Party’s use or reliance on the providing company’s services, actions, duties, or obligations arising out of this Agreement. Notwithstanding the foregoing, to the extent that a claim, loss or damage is caused by the gross negligence or willful misconduct of a supplying Party, the receiving Party shall have no obligation to indemnify, defend and hold harmless the supplying Party hereunder.

Appears in 14 contracts

Samples: Agreement, Agreement, Agreement

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Indemnification for Certain Claims. The Party providing services hereunder, its Affiliates affiliates and its parent company, shall be indemnified, defended and held harmless by the Party receiving services hereunder against any claim, loss or damage arising from the receiving Partycompany’s use of the services provided under this Agreement pertaining to (1) claims for libel, slander or invasion of privacy arising from the content of the receiving company’s own communications, or (2) any claim, loss or damage claimed by the Customer End User of the Party receiving services arising from such Partycompany’s use or reliance on the providing company’s services, actions, duties, or obligations arising out of this Agreement. Notwithstanding , unless and except in instances where the foregoingParty providing services hereunder has acted or failed to act in a manner which constitutes gross negligence, willful or wanton misconduct or fraudulent misrepresentation in the provision of such services or in the failure to the extent that a claim, loss or damage is caused by the gross negligence or willful misconduct of a supplying Party, the receiving Party shall have no obligation to indemnify, defend and hold harmless the supplying Party hereunderprovide such services.

Appears in 3 contracts

Samples: Agreement, Agreement, Agreement

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Indemnification for Certain Claims. The Party providing services hereunder, its Affiliates affiliates and its parent company, shall be indemnified, defended and held harmless by the Party receiving services hereunder against any claim, loss or damage arising from the receiving Partycompany’s use of the services provided under this Agreement pertaining to (1) claims for libel, slander or invasion of privacy arising from the General Terms and Conditions content of the receiving company’s own communications, or (2) any claim, loss or damage claimed by the Customer End User of the Party receiving services arising from such Partycompany’s use or reliance on the providing company’s services, actions, duties, or obligations arising out of this Agreement. Notwithstanding the foregoingabove, to the extent that a there shall be no indemnification under this Section for any claim, loss or damage is caused for acts by the gross negligence BellSouth determined to be intentional, willful or willful misconduct of a supplying Party, the receiving Party shall have no obligation to indemnify, defend and hold harmless the supplying Party hereundergrossly negligent.

Appears in 1 contract

Samples: Interconnection Agreement

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