Common use of By Google Clause in Contracts

By Google. Google will indemnify, defend, and hold harmless Customer from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim that Google’s technology used to provide the Services or any Google Brand Feature infringe or misappropriate any patent, copyright, trade secret or trademark of such third party. Notwithstanding the foregoing, in no event shall Google have any obligations or liability under this Section arising from: (i) use of the Services or Google Brand Features in a modified form or in combination with materials not furnished by Google, and (ii) any content, information or data provided by Customer, End Users or other third parties.

Appears in 4 contracts

Samples: For Education Agreement, For Education Agreement, For Education Agreement

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By Google. Google will indemnify, defend, and hold harmless Customer from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of a third party claim that Google’s 's technology used to provide the Services or any Google Brand Feature infringe or misappropriate any patent, copyright, trade secret or trademark of such third party. Notwithstanding the foregoing, in no event shall Google have any obligations or liability under this Section arising from: (i) use of the any Services or Google Brand Features in a modified form or in combination with materials not furnished by Google, and (ii) any content, information or data provided by Customer, End Users or other third parties.

Appears in 3 contracts

Samples: legistarweb-production.s3.amazonaws.com, www.rogers.com, www.dlt.com

By Google. (a) Google will indemnify, defend, and hold harmless Customer Company and its Affiliates (which are receiving the Services under this Agreement), and their respective officers, directors, employees and agents, from and against all liabilities, damages, and reasonable costs (including settlement costs and reasonable attorneys’ feescosts) arising out of a third party claim brought against Company or its Affiliates: (i) that authorized use of Google’s technology used to provide the Services or any Google Brand Feature infringe Features infringes or misappropriate misappropriates any patent, copyright, trade secret secret, trademark or trademark patent of such that third party. Notwithstanding the foregoing, in no event shall Google have any obligations or liability under this Section arising from: (i) use of the Services or Google Brand Features in a modified form or in combination with materials not furnished by Google, and ; (ii) any content, information [***]; or data provided by Customer, End Users or other third parties(iii) [***].

Appears in 2 contracts

Samples: Google Services Agreement (IAC Inc.), Google Services Agreement (Iac/Interactivecorp)

By Google. Google will indemnify, defend, defend Customer and hold harmless Customer from and indemnify them against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising out of a third party claim an allegation that Customer’s use in accordance with this Agreement of Google’s 's technology used to provide the Services or any Google Brand Feature infringe or misappropriate any patent, copyright, trade secret or trademark of such third party. Notwithstanding the foregoing, in no event shall Google have any obligations or liability under this Section arising from: (i) use of the Services or Google Brand Features in a modified form or in combination with materials not furnished by Google, and (ii) any content, information or data provided by Customer, End Users or other third parties.

Appears in 2 contracts

Samples: Suite for Education Agreement, Suite for Education Agreement

By Google. Google will defend and indemnify, defendor at its option settle, and hold harmless Customer from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) costs, arising out of a third party claim that Google’s technology used to provide the Services or any Google Brand Feature infringe or misappropriate used in accordance with the Documentation and the Agreement infringes any patent, copyright, trade secret or trademark of such that third party. Notwithstanding the foregoing, in no event shall Google have any obligations or liability under this Section arising from: (i) use of the Services or Google Brand Features in a modified form or in combination with materials not furnished by Google, and (ii) any content, information or data provided by Customer, End Users or other third parties.

Appears in 1 contract

Samples: Agreement (MiX Telematics LTD)

By Google. Google will indemnify, defend, and hold harmless Customer from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of a third party claim that Google’s the technology used to provide the Services infringes or any Google Brand Feature infringe or misappropriate misappropriates any patent, copyright, trade secret or trademark of such that third party. Notwithstanding the foregoing, in no event shall Google have any obligations or liability under this Section arising from: (i) use of the Services or Google Brand Features in a modified form or in combination with materials not furnished by Google, and (ii) any content, information or data provided by Customer, End Users or other third parties.

Appears in 1 contract

Samples: Business Purchase Agreement

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By Google. Google will indemnify, defend, and hold harmless Customer from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of a third party claim that Google’s 's technology used to provide the Services or any Google Brand Feature infringe or misappropriate any patent, copyright, trade secret or trademark of such third party. Notwithstanding the foregoing, in no event shall Google have any obligations or liability under this Section arising from: (i) use of the Services or Google Brand Features in a modified form or in combination with materials not furnished by Google, and (ii) any content, information or data provided by Customer, End Users or other third parties.

Appears in 1 contract

Samples: Education (Online) Agreement

By Google. (a) Google will indemnify, defend, and hold harmless Customer Company from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ feescosts) arising out of a third party claim claim: (i) that authorized use of Google’s technology used to provide the Services or any Google Brand Feature Features infringe or misappropriate any patent, copyright, trade secret secret, trademark or trademark patent of such that third party. Notwithstanding the foregoing, in no event shall Google have any obligations ; or liability under this Section arising from: (i) use of the Services or Google Brand Features in a modified form or in combination with materials not furnished by Google, and (ii) any content, information or data provided by Customer, End Users or other third partiesarising from Google’s breach of this Agreement.

Appears in 1 contract

Samples: Services Agreement (Zedge, Inc.)

By Google. a. Google will indemnify, defend, and hold harmless Customer Company and its Affiliates (which are receiving the Services under this Agreement), and their respective officers, directors, employees and agents, from and against all liabilities, damages, and reasonable costs (including settlement costs and reasonable attorneys’ feescosts) arising out of a third party claim brought against Company or its Affiliates: (i) that authorized use of Google’s technology used to provide the Services or any Google Brand Feature infringe Features infringes or misappropriate misappropriates any patent, copyright, trade secret secret, trademark or trademark patent of such that third party. Notwithstanding the foregoing, in no event shall Google have any obligations or liability under this Section arising from: (i) use of the Services or Google Brand Features in a modified form or in combination with materials not furnished by Google, and ; (ii) any content, information [***]; or data provided by Customer, End Users or other third parties(iii) [***].

Appears in 1 contract

Samples: Services Agreement (IAC/InterActiveCorp)

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