Common use of Defect in Title Clause in Contracts

Defect in Title. Subject to the limitation of liability set out in clause 21, Strex shall indemnify the Merchant for any direct loss incurred by the Merchant as a result of a breach of a third party’s intellectual property rights caused solely by the Merchant’s use of Strex’ Messaging Service and due to no fault of the Merchant itself. The obligation to indemnify the Merchant is contingent upon the Merchant notifying Strex about the claim in writing without undue delay, giving full information about the claim in question. The Merchant is responsible for the defense of the claim, unless Strex requests that it shall handle the defense of the claim itself at its own cost with prior consent of the Merchant, which shall not be unreasonably withheld or delayed. Each of the parties shall provide reasonable assistance to the other party in connection with the defense of the claim. None of the parties shall settle the claim or enter into settlement negotiations without the other party’s prior written consent, which shall not be unreasonably withheld or delayed.

Defect in Title. Subject to the limitation of liability set out in clause 21, Strex shall indemnify the Merchant for any direct loss incurred by the Merchant as a result of a breach of a third party’s intellectual property rights caused solely by the Merchant’s use of Strex’ Messaging Strex Connect Service and due to no fault of the Merchant itself. The obligation to indemnify the Merchant is contingent upon the Merchant notifying Strex about the claim in writing without undue delay, giving full information about the claim in question. The Merchant is responsible for the defense of the claim, unless Strex requests that it shall handle the defense of the claim itself at its own cost with prior consent of the Merchant, which shall not be unreasonably withheld or delayed. Each of the parties shall provide reasonable assistance to the other party in connection with the defense of the claim. None of the parties shall settle the claim or enter into settlement negotiations without the other party’s prior written consent, which shall not be unreasonably withheld or delayed.

Defect in Title. ‌ Subject to the limitation of liability set out in clause 21, Strex shall indemnify the Merchant for any direct loss incurred by the Merchant as a result of a breach of a third party’s intellectual property rights caused solely by the Merchant’s use of Strex’ Messaging Service and due to no fault of the Merchant itself. The obligation to indemnify the Merchant is contingent upon the Merchant notifying Strex about the claim in writing without undue delay, giving full information about the claim in question. The Merchant is responsible for the defense of the claim, unless Strex requests that it shall handle the defense of the claim itself at its own cost with prior consent of the Merchant, which shall not be unreasonably withheld or delayed. Each of the parties shall provide reasonable assistance to the other party in connection with the defense of the claim. None of the parties shall settle the claim or enter into settlement negotiations without the other party’s prior written consent, which shall not be unreasonably withheld or delayed.