Common use of By ITA Clause in Contracts

By ITA. ITA shall, at its own expense, defend, indemnify and hold harmless Orbitz and its Affiliates and each of their respective directors, officers, employees, successors and permitted assigns from and against any and all liabilities, damages, awards, losses, costs and expenses (including court costs and reasonable attorneys’ fees) arising out of any claim, demand, suit or cause of action (hereinafter a “Claim”) brought by a third party relating to or resulting from (i) any act or omission of ITA or its employees, agents or contractors, (ii) any breach of the representation or warranty made in Section 11(b)(i) by ITA; or (iii) the actual or alleged infringement by QPX of a third party’s patent, copyright, trademark, trade secret or other proprietary rights.

Appears in 2 contracts

Samples: Software License Agreement (Orbitz Worldwide, Inc.), Software License Agreement (Orbitz Worldwide, Inc.)

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By ITA. ITA shall, at its own expense, defend, indemnify and hold harmless Orbitz and its Affiliates and each of their respective directors, officers, employees, successors and permitted assigns from and against any and all liabilities, damages, awards, losses, costs and expenses (including court costs and reasonable attorneys' fees) arising out of any claim, demand, suit or cause of action (hereinafter a “Claim”) brought by a third party relating to or resulting from (i) any act or omission of ITA or its employees, agents or contractors, (ii) any breach of the representation or warranty made in Section 11(b)(i) by ITA; or (iii) the actual or alleged infringement by QPX the ITA Technology of a third party’s 's patent, copyright, trademark, trade secret or other proprietary rights.

Appears in 1 contract

Samples: Software License Agreement (Orbitz Worldwide, Inc.)

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By ITA. ITA shall, at its own expense, defend, indemnify and hold harmless Orbitz Galileo, its Affiliates, and its Affiliates and each of their respective directors, officers, employees, successors and permitted assigns from and against any and all liabilities, damages, awards, losses, costs and expenses (including court costs and reasonable attorneys’ fees) arising out of any claim, demand, suit or cause of action (hereinafter a “Claim”) brought by a third party relating to or resulting from (i) any act or omission of ITA or its employees, agents or contractors, (ii) any breach of the representation or and warranty made in Section 11(b)(i8(b)(i) by ITA; or (iii) the actual or alleged infringement by QPX the Licensed Software of a third party’s patent, copyright, trademark, service xxxx, trade secret or other proprietary rights.

Appears in 1 contract

Samples: Software License Agreement (Orbitz Worldwide, Inc.)

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