Common use of By Consultant Clause in Contracts

By Consultant. Consultant agrees to indemnify and hold harmless Company and its directors, officers and employees (each a “Company Indemnitee”) from and against all losses, damages, liabilities, costs and expenses whatsoever, (including without limitation attorneys’ fees and costs), arising from any claim, action, demand or proceeding made or brought against a Company Indemnitee, arising from or in connection with (i) any grossly negligent or intentionally wrongful act of Consultant or Consultant’s assistants, employees or agents, (ii) any material breach by Consultant or Consultant’s assistants, employees or agents of any of the covenants contained in this Agreement, (iii) any material failure of Consultant to perform the Services in accordance with all applicable laws, rules and regulations, or (iv) any violation or claimed violation of a third party’s rights resulting in whole or in part from Company’s use of the work product of Consultant under this Agreement and for which Consultant deliberately misrepresented to Company the status of third party rights.

By Consultant. Consultant agrees to indemnify and hold harmless the Company and its affiliates, and its and their respective directors, officers and employees (each a “Company Indemnitee”) from and against all losses, damages, liabilities, costs and expenses whatsoever, (including without limitation attorneys’ fees and costs), arising from any third party claim, action, demand or proceeding made or brought against a Company Indemnitee, arising from or in connection with (ia) any grossly negligent or intentionally wrongful act of Consultant or Consultant’s assistants, employees or agentspersonnel, (iib) any material breach by Consultant or Consultant’s assistants, employees or agents personnel of any of the covenants contained in this Agreement, (iiic) any material failure of Consultant to perform the Services in accordance with all applicable laws, rules and regulations, or (ivd) any violation or claimed violation of a third party’s rights resulting in whole or in part from the Company’s use of the work product of Consultant under this Agreement and for which Consultant deliberately misrepresented to Company the status of third party rightsAgreement.