By Reseller. Reseller shall indemnify and hold Vendor harmless from and against any and all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with any claim or action brought against Vendor that may arise from Reseller's improper or unauthorized replication, packaging, marketing, distribution, or installation of the Software, including claims based on representations, warranties, or misrepresentations made by Reseller, or any other improper or unauthorized act or failure to act on the party of Reseller.
By Reseller. If Reseller materially breaches this Agreement and fails to cure such breach within thirty (30) days of receipt of written notice thereof from Operator, Operator may terminate this Agreement by written notice. In addition, Operator may terminate this Agreement immediately upon written notice to Reseller in the event of dishonesty, fraud, misrepresentation or similar cause by Reseller.
By Reseller. During the Term, upon written permission from Reseller, Reseller grants Veea a right of publicity to use the Reseller Marks then in effect in its Promotional Materials, financial reports, and prospectuses indicating Reseller is an Authorized Veea Reseller.
By Reseller. Reseller will defend and indemnify Vendor against and hold Vendor harmless from, any and all claims, damages, and expenses (including reasonable attorneys' fees and costs of litigation), by any other party resulting from any improper acts or omissions by Reseller relating to its activities in connection with this Agreement, or misrepresentations relating to Vendor, "Products" or this Agreement, regardless of the form of action. Reseller shall be solely responsible for any claims, warranties or representations made by Reseller or Reseller's employees or agents which differ from the warranty provided by Vendor in the end-user agreement included with the "Products".
By Reseller. Reseller has the right to terminate this Agreement immediately upon written notice to Company to such effect if Company fails to perform or observe any material obligation of Company under this Agreement and such failure is not cured within 30 days after written notice of the same from Reseller; provided, that Company will not have the benefit of such cure period for any default that occurs more than twice in any 12-month period.
By Reseller. During the Term, Reseller grants Tridium a right of publicity to use the Reseller Marks described in Exhibit B in its Promotional Materials, financial reports, and prospectuses indicating Reseller is an Authorized Tridium Reseller.
By Reseller. Reseller shall, at its own expense, defend or, at its option, settle any claim, suit or proceeding brought against Tridium arising out of a Reseller Matter and shall pay any damages finally awarded or settlement amounts agreed upon to the extent based upon an Reseller Matter (“Tridium Claim”); provided that Tridium provides Reseller with (i) prompt written notice of such Tridium Claim; (ii) control over the defense and settlement of such Tridium Claim; and (iii) proper and full information and assistance to settle or defend any such Tridium Claim. Reseller shall indemnify and hold harmless Tridium, its Affiliates, officers, directors, employees and agents against all losses, claims, damages or other causes of any nature or kind whatsoever (including reasonable attorney's fees) arising directly or indirectly out of third party claims concerning (i) the breach by Reseller of any covenant herein; (ii) the gross negligence or intentional misconduct of Reseller, its officers, employees, agents or contractors; or (iii) any services rendered by Reseller pursuant to this Agreement.
By Reseller. This Agreement may be terminated by Reseller at its option and without prejudice to any other remedy to which it may be entitled at law, in equity, or otherwise under this Agreement, in the following circumstances and in the manners indicated:
By Reseller. Reseller will indemnify, defend, and hold harmless DomainPeople (including, without limitation, DomainPeople’s Affiliates, directors, officers, managers, employees, contractors, and agents) from and against any claim, action, loss, liability, damage, penalty, cost or expense (including reasonable legal fees for attorneys, witnesses, and defense) that DomainPeople may suffer or incur as a result of:
By Reseller. Reseller will market the CI-Metabase solely under its own trademarks, trade names, service marks, service names and logos (“Marks”) and shall not identify Moreover as the source of the CI-Metabase.
