Common use of By Partner Clause in Contracts

By Partner. Partner will, at its own expense, defend Epicor and its Affiliates and suppliers and their directors, officers and employees (each, an “Epicor Indemnified Party” or “Indemnified Party”) against any Claim, and shall indemnify and hold harmless the Epicor Indemnified Parties from and against any damages, costs (including by not limited to reasonable attorney fees and costs) or amounts agreed to in a monetary settlement, arising out of or in connection with such Claim, to the extent the Claim is made or brought as a result of (i) Partner’s unauthorized use or distribution of the Products, (ii) Partner’s performance of Services to Customers, (iii) any representation or warranty made by Partner to any third party that was not authorized by Epicor or otherwise not in compliance with Epicor’s express warranties respecting the Products, or (iv) any failure by Partner to comply with Section 11 (Regulatory Agreements) or with any other law or regulation applicable to its obligations or activities under this Agreement.