Common use of BY CALYPTE Clause in Contracts

BY CALYPTE. To the extent legally permitted, and not in derogation of your obligations under Section 4(a) hereof: (i) you will be considered as subject to the indemnity provisions of Calypte's Certificate of Incorporation and Bylaws, a copy of which will be furnished to you upon request, and (ii) Calypte will indemnify you and hold you harmless from and against all claims, damages, losses and expenses, including court costs and reasonable fees and expenses of attorneys, expert witnesses, and other professionals, arising out of or resulting from any action by a third party against Calypte or you, or both, in connection with or based upon the performance by you of the Services, or their result.

BY CALYPTE. To the extent legally permitted, and not in derogation of your obligations under Section 4(a) hereof: (i) you will be considered as subject to the indemnity provisions of Calypte's ’s Certificate of Incorporation and Bylaws, a copy of which will be furnished to you upon request, and (ii) Calypte will indemnify you and hold you harmless from and against all claims, damages, losses and expenses, including court costs and reasonable fees and expenses of attorneys, expert witnesses, and other professionals, arising out of or resulting from any action by a third party against Calypte or you, or both, in connection with or based upon the performance by you of the Services, or their result.