Common use of Indemnification by AWS Clause in Contracts

Indemnification by AWS. AWS shall indemnify and hold harmless, ACC, its affiliates, and its members, managers, officers, employees, and agents and/or the legal representatives of any of them (each, a "ACC Indemnified Party"), against all Losses incurred by them that arise out of or result from (a) any representation or warranty of AWS contained in this Agreement being untrue in any material respect as of the date on which it was made or (b) any material default by AWS or any of its affiliates in the performance of their respective obligations under this Agreement, except to the extent that any such Losses arise out of or result from the gross negligence or willful misconduct of ACC.

Indemnification by AWS. AWS shall indemnify and hold harmless, ACCDCS, its affiliates, and its members, managers, officers, employees, and agents and/or the legal representatives of any of them (each, a "ACC DCS Indemnified Party"), against all Losses incurred by them that arise out of or result from (a) any representation or warranty of AWS contained in this Agreement being untrue in any material respect as of the date on which it was made or (b) any material default by AWS or any of its affiliates in the performance of their respective obligations under this Agreement, except to the extent that any such Losses arise out of or result from the gross negligence or willful misconduct of ACCDCS.