Common use of By Spirent Clause in Contracts

By Spirent. Subject to Section 9.3, Spirent will defend Customer from and againstany and all third party lawsuits to the extent alleging that the Hosted Service infringes or misappropriates any Intellectual Property Rights; and Spirent will indemnify and hold Customer harmless from any and all damages, losses, liabilities, costs, expenses, and other amounts to theextent awarded by a court of final jurisdiction relating to such claim, or agreed to in a monetary settlement of such claim. Spirent will have no indemnification obligation for infringement or misappropriation claims to the extent arising from: (i) Customer’s or any User’s use of the Services other than as permitted under this Agreement; (ii) the combination of the Services with any Customer or third party products, services, hardware, data, content, or business process(s); or (iii) the modification of the Services or any Spirent Technology by any party other than Spirentor Spirent’s agents. THE FOREGOING IS SPIRENT’S SOLE AND EXCLUSIVE OBLIGATION FOR THE THIRD PARTY CLAIMS DESCRIBED IN THIS SECTION.

By Spirent. Subject to Section 9.3, Spirent will defend Customer from and againstany against any and all third party lawsuits to the extent alleging that the Hosted Service infringes or misappropriates any Intellectual Property Rights; and Spirent will indemnify and hold Customer harmless from any and all damages, losses, liabilities, costs, expenses, and other amounts to theextent the extent awarded by a court of final jurisdiction relating to such claim, or agreed to in a monetary settlement of such claim. Spirent will have no indemnification obligation for infringement or misappropriation claims to the extent arising from: (i) Customer’s or any User’s use of the Services other than as permitted under this Agreement; (ii) the combination of the Services with any Customer or third party products, services, hardware, data, content, or business process(s); or (iii) the modification of the Services or any Spirent Technology by any party other than Spirentor Spirent or Spirent’s agents. THE FOREGOING IS SPIRENT’S SOLE AND EXCLUSIVE OBLIGATION FOR THE THIRD PARTY CLAIMS DESCRIBED IN THIS SECTION.