Common use of By Fyber Clause in Contracts

By Fyber. Fyber (for purposes of this Section 8.1, the “Indemnifying Party”) shall indemnify, defend and hold harmless Supply Partner and its directors, officers, employees and agents (collectively, the “Supply Partner Indemnified Parties”) against any liability, damage, loss or expense, fines, penalties and interests (including reasonable attorneys’ fees and costs) incurred by the Supply Partner Indemnified Parties as a result of any third-party claim, suit or other proceeding (collectively, "Claims") alleging that the Service, as provided by Fyber to Supply Partner under the Agreement, infringes any Intellectual Property Right of a Third Party, except and to the extent such infringement arises from Supply Partner’s use of the Service in violation of this Agreement, or from any modification of the Service, or any combination of the Service with any other component or material. In the event of any such threatened or actual Claim, in addition to its indemnification obligations herein, Fyber will have the right, in its discretion, to either (a) replace or modify the infringing or allegedly infringing components of the Service, or (b) immediately terminate this Agreement upon written notice to Supply Partner.‌

By Fyber. Fyber (for purposes of this Section 8.1, the “Indemnifying Party”) shall indemnify, defend and hold harmless Supply Partner and its directors, officers, employees and agents (collectively, the “Supply Partner Indemnified Parties”) against any liability, damage, loss or expense, fines, penalties and interests (including reasonable attorneys’ fees and costs) incurred by the Supply Partner Indemnified Parties as a result of any third-party claim, suit or other proceeding (collectively, "Claims") alleging that the Service, as provided by Fyber to Supply Partner under the Agreement, infringes any Intellectual Property Right of a Third Party, except and to the extent such infringement arises from Supply Partner’s use of the Service in violation of this Agreement, or from any modification of the Service, or any combination of the Service with any other component or material. In the event of any such threatened or actual Claim, in addition to its indemnification obligations herein, Fyber will have the right, in its discretion, to either (a) replace or modify the infringing or allegedly infringing components of the Service, or (b) immediately terminate this Agreement upon written notice to Supply Partner.‌Partner.