Common use of Indemnification by CMGI Clause in Contracts

Indemnification by CMGI. Except as provided in this Article, CMGI ----------------------- will indemnify and hold Compaq and its Affiliates, officers, directors and employees harmless from and against any and all damages resulting from or arising out of (a) the CMGI Sites or any other activities of CMGI, including infringement of any intellectual property rights of any third person; (b) any misrepresentation or breach of representation or warranty of CMGI contained herein; or (c) any breach of any covenant or agreement to be performed by CMGI hereunder. Notwithstanding anything to the contrary in this Section, CMGI shall not have any obligation to indemnify Compaq for any damages for which Compaq is obligated to indemnify CMGI under the Assignment Agreement dated of even date herewith.