By XEROX Sample Clauses

By XEROX. XEROX shall indemnify and hold PRESSTEK and its officers, directors, employees and representatives harmless from all claims, losses, and damages which may arise from XEROX' installation or support of the Products, including claims of customers based on misrepresentations made by XEROX, inadequate installation, support or assistance by XEROX. XEROX shall, at its expense, indemnify, hold harmless and, at the PRESSTEK's request, defend PRESSTEK and its manufacturers, from and against any and all loss, cost, liability or expense (including costs and reasonable fees of attorneys and other professionals) arising out of or in connection with XEROX' performance under this Amended Agreement to the extent caused by any negligent act or omission or willful misconduct of XEROX or XEROX' employees or independent contractors.
Sample 1
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By XEROX. XEROX shall indemnify and hold PRESSTEK and its officers, directors, employees and representatives harmless from all claims, losses, and damages which may arise from XEROX' installation or support of the Products, including claims of customers based on misrepresentations made by XEROX, inadequate installation, support or assistance by XEROX or claims by a XEROX customer alleging PRESSTEK had or has an obligation to provide Service to the customer where no such obligation exists where such claim arises from XEROX's alleged act or omission. XEROX shall, at its expense, indemnify, hold harmless and, at the PRESSTEK's request, defend PRESSTEK and its manufacturers, from and against any and all loss, cost, liability or expense (including costs and reasonable fees of attorneys and other professionals) arising out of or in connection with XEROX' performance under this Agreement to the extent caused by any negligent act or omission or willful misconduct of XEROX or XEROX' employees or independent contractors provided that XEROX is notified of the Claim by PRESSTEK within a reasonable time after PRESSTEK learns of it, is given all reasonable assistance by PRESSTEK necessary for XEROX to perform its obligations in respect of the Claim and is given the sole right to control the defense and settlement of the Claim.
Sample 1
By XEROX. Xerox warrants during the Term of this SOW that Xerox will use commercially reasonable efforts to ensure that Customer’s Data will be safeguarded and maintained accurately. Xerox also warrants that it will, at a minimum, utilize and maintain security and backup procedures as listed in Exhibit C hereto (and hereby incorporated by reference) to protect Customer Data. In the event of a breach of this provision, Xerox will use commercially reasonable efforts to correct the Customer’s Data or restore the Customer’s Data within three (3) business days. In the event Xerox is unable to correct or restore Customer’s Data as provided in this Section 9.2, Customer’s sole and exclusive remedy shall be it may, at its option, terminate the SOW and ETCs for Cloud User as set forth in Section 5 shall not be due.
Sample 1

Related to By XEROX

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