Common use of By Publisher Clause in Contracts

By Publisher. Publisher shall indemnify, defend and hold harmless Fyber, and its directors, officers and employees (the “Fyber Parties”) against any liability, damage, loss or expense (including reasonable attorneys’ fees and costs) incurred by the Fyber Parties in connection with any third-party claim arising out of or relating to (a) any alleged or actual breach of its representations, warranties or covenants under Sections 2, 3, 6, 7 or 10.2 of these T&Cs; (b) Publisher’s unauthorized use of the Fyber Services (not including claims for which Fyber is indemnifying Publisher); (c) if Publisher Properties contain any Prohibited Content; (d) if Publisher Properties or users’ downloads, installations or any use thereof violate any law or infringes upon or misappropriates any intellectual property right, publicity or privacy right; and (e) if Publisher has not disclosed Fyber’s Ad Tracking practices as required by the Agreement.