Common use of CLAIMS OF INFRINGEMENT Clause in Contracts

CLAIMS OF INFRINGEMENT. Each Party will defend, at its expense, any action (or portion thereof) brought against the other Party based solely on a claim that the First Party's Components infringe upon a United States copyright or violate the trade secret rights of any third party. Each Party will indemnify and hold harmless the other Party against damages and costs including reasonable attorneys' fees, penalties and interest finally awarded against such Party in such actions directly attributable to such claims. Neither Party shall be obligated to indemnify any claim of infringement if such infringement arises out of the use or combination of the First Party's Components with the other Party's Software.

CLAIMS OF INFRINGEMENT. Each Party will defend, at its expense, any action (or portion thereof) brought against the other Party based solely on a claim that the First Party's ’s Components infringe upon a United States copyright or violate the trade secret rights of any third party. Each Party will indemnify and hold harmless the other Party against damages and costs including reasonable attorneys' ’ fees, penalties and interest finally awarded against such Party in such actions directly attributable to such claims. Neither Party shall be obligated to indemnify any claim of infringement if such infringement arises out of the use or combination of the First Party's ’s Components with the other Party's ’s Software.