By Mapbox Sample Clauses

By Mapbox. 6.1.1. Subject to the limitations in this Section, Mapbox shall, at its cost and expense, (a) defend, or, at its option, settle any claim brought against Customer by an unaffiliated third party to the extent alleging that the Services infringe its registered trademark or copyright or misappropriate its trade secret (each, a “Claim”), and (b) pay, indemnify and hold Customer harmless from any settlement or damages finally awarded (including reasonable attorneys’ fees) to such third party as a result of such Claim. Mapbox shall have no obligations under this Section to the extent any claim is based upon or arises out of: (i) use of the Services other than as authorized by this Agreement; (ii) failure to use updated or modified Services made available to Customer that would have helped avoid or mitigate a claim; (iii) Customer’s continuance of allegedly infringing activity after being notified thereof to stop in order to avoid further infringement; (iv) combination or use of the Services with equipment, devices, software, systems, or data not provided by Mapbox to the extent that such claim is based on such combination or use; and/or (v) compliance with Customer’s own designs, specifications or instructions (subparts (i)-(v) are collectively “Indemnity Exclusions”).
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By Mapbox. 7.1.1.Subject to the limitations in this Section, Mapbox will, at its cost and expense, (a) defend, or, at its option, settle any claim brought against Customer by an unaffiliated third party to the extent alleging that the Services infringe its copyright or trade secret, and (b) pay, indemnify and hold Customer harmless from any settlement or damages finally awarded (including reasonable attorneys’ fees) to such third party as a result of such claim.
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