Common use of Indemnification by Developer Clause in Contracts

Indemnification by Developer. Except as otherwise herein provided, the Developer agrees to indemnify, defend and hold the Customer and its agents, officers, directors, lawyers, and accountants harmless from and against any and all losses, claims, demands, damages, liabilities, costs and expenses, including but not limited to, reasonable attorneys' fees and costs of any legal action (but excluding consequential damages) arising from the Developer's gross negligence in the course of providing the Services under this agreement. In no event will the Developer be liable for lost or damaged data, loss of business, or anticipatory profits, or any other consequential or incidental damages resulting from the use or operation of the Services or the maintenance thereof.