Common use of By Annuncio Clause in Contracts

By Annuncio. Annuncio shall, at its expense, defend and hold ----------- Licensee each harmless from any and all damages, liabilities, costs and expenses (including reasonable attorneys' fees) incurred by Licensee arising out or relating to any third party claim, suit or proceeding alleging that the Software infringes any third party United States patent, trademark, trade secret or copyright; provided that Licensee promptly notifies Annuncio in writing of any such claim and promptly tenders full control of the defense and settlement of any such claim to Annuncio at Annuncio's expense and with Annuncio's choice of counsel. Licensee shall cooperate with Annuncio, at Annuncio's expense, in defending or settling such claims.

Appears in 2 contracts

Samples: License Agreement (Annuncio Software Inc), License Agreement (Annuncio Software Inc)

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By Annuncio. Annuncio shall, at its expense, defend and hold ----------- Licensee each harmless from any and all damages, liabilities, costs and expenses (including reasonable attorneys' fees) incurred by Licensee arising out of or relating to any third party claim, suit or proceeding alleging that the Software infringes any third party United States or Canadian patent, trademark, copyright or trade secret or copyrightsecret; provided that Licensee promptly notifies Annuncio in writing of any such claim and promptly tenders full control of the defense and settlement of any such claim to Annuncio at Annuncio's expense and with Annuncio's choice of counsel. Licensee shall cooperate with Annuncio, at Annuncio's expense, in defending or settling such claims.

Appears in 1 contract

Samples: Software License Agreement (Annuncio Software Inc)

By Annuncio. Annuncio shall, at its expense, defend and hold ----------- Licensee each harmless from any and all damages, liabilities, costs and expenses (including reasonable attorneys' fees) incurred by Licensee arising out of or relating to any third party claim, suit or proceeding alleging that the Software infringes any third party United States patent, trademark, trade secret or Canadian patent or copyright; provided that Licensee promptly notifies Annuncio in writing of any such claim and promptly tenders full control of the defense and settlement of any such claim to Annuncio at Annuncio's expense and with Annuncio's choice of counsel. Licensee shall cooperate with Annuncio, at Annuncio's expense, in defending or settling such claims.

Appears in 1 contract

Samples: Software License Agreement (Annuncio Software Inc)

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By Annuncio. Annuncio shall, at its expense, defend and hold ----------- Licensee each harmless from any and all damages, liabilities, costs and expenses (including reasonable attorneys' fees) incurred by Licensee arising out of or relating to any third party claim, suit or proceeding alleging that the Software infringes any third party United States patent, copyright trademark, or trade secret or copyright; [same comment as in section 6.4] provided that Licensee promptly notifies Annuncio in writing of any such claim and promptly tenders full control of the defense and settlement of any such claim to Annuncio at Annuncio's expense and with Annuncio's choice of counsel. Licensee shall cooperate with Annuncio, at Annuncio's expense, in defending or settling such claims.

Appears in 1 contract

Samples: Software License Agreement (Nettaxi Inc)

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