Common use of By Aqua Clause in Contracts

By Aqua. ▇▇▇▇ will defend, indemnify and hold harmless Customer against any third party demand, claim, suit, or action alleging that Customer’s use of the Platform in accordance with this Agreement infringes such third party’s intellectual property rights (an “Infringement Claim“), and ▇▇▇▇ will pay any amounts finally awarded by a court against Customer (or otherwise agreed in settlement) under such Infringement Claim. Aqua will have no obligation or liability under this Section 11.1 to the extent that the Infringement Claim is based upon or results from: (a) the combination or use of the Platform or Licensed Services or Licensed Products with any third party products or services if the claim would not have occurred if not for such combination or use; (b) any modification to the Platform or Licensed Services or Licensed Products not made by Aqua; (c) Customer’s failure to comply with the written instructions of Aqua and/or with the terms of this Agreement or the Documentation; (d) where Customer continues the alleged infringing activity after being notified thereof; (e) use or retention of a copy of the Platform or Licensed Services or Licensed Products not in its most current version provided by Aqua; and/or (f) Aqua’s compliance with any Customer instructions or requirements (any such claim in clauses (a) through (d), a “Reverse Infringement Claim“).

By Aqua. ▇▇▇▇ Aqua will defend, indemnify and hold harmless Customer against any third party demand, claim, suit, or action alleging that Customer’s 's use of the Platform in accordance with this Agreement infringes such third party’s 's intellectual property rights (an “"Infringement Claim“"), and ▇▇▇▇ Aqua will pay any amounts finally awarded by a court against Customer (or otherwise agreed in settlement) under such Infringement Claim. Aqua will have no obligation or liability under this Section 11.1 Section‌ 11.111.1 to the extent that the Infringement Claim is based upon or results from: (a) the combination or use of the Platform or Licensed Services or Licensed Products with any third party products or services if the claim would not have occurred if not for such combination or use; (b) any modification to the Platform or Licensed Services or Licensed Products not made by Aqua; (c) Customer’s 's failure to comply with the written instructions of Aqua and/or with the terms of this Agreement or the Documentation; (d) where Customer continues the alleged infringing activity after being notified thereof; (e) use or retention of a copy of the Platform or Licensed Services or Licensed Products not in its most current version provided by Aqua; and/or (f) Aqua’s 's compliance with any Customer instructions or requirements (any such claim in clauses (a) through (d), a “"Reverse Infringement Claim“").