Common use of By Source Clause in Contracts

By Source. In the event any claim is brought by any third party against Telerate that relates to, arises out of or is based upon the Source Services or the failure of Source to comply with any law, rule or regulation (including, without limitation, the Investment Advisers Act of 1940 or the Commodity Exchange Act), Telerate shall promptly notify Source, and Source shall defend such claim at Source's expense and under Source's control. Source shall indemnify and hold harmless Telerate against any judgment, liability, loss, cost or damage (including litigation costs and reasonable attorneys' fees) arising from or related to such claim whether or not such claim is successful. Telerate shall have the right, at its expense, to participate in the defense of such claim through counsel of its own choosing; provided, however, that Source shall not be required to pay any settlement amount that it has not approved in advance.

By Source. In the event any claim is brought by any third party against Telerate that relates to, arises out of or is based upon the Source Services Service or the failure of Source to comply with any law, rule or regulation (including, without limitation, the Investment Advisers Act of 1940 or the Commodity Exchange Act), Telerate shall promptly notify Source, and Source shall defend such claim at Source's expense and under Source's control. Source shall indemnify and hold harmless Telerate against any judgment, liability, loss, cost or damage (including litigation costs and reasonable attorneys' fees) arising from or related to such claim whether or not such claim is successfulsuccessful provided that the foregoing indemnification shall not apply to any claim arising from Telerate's negligence or misconduct. Telerate shall have the right, at its expense, to participate in the defense of such claim through counsel of its own choosing; provided, however, that Source shall not be required to pay any settlement amount that it has not approved in advance.own