Indemnification by Functional Movement Systems™ Sample Clauses

Indemnification by Functional Movement Systems™. Functional Movement Systems™ hereby agrees to indemnify and hold harmless Customer from and against all damages, settlement amounts, costs and expenses (including reasonable attorney’s fees) that Customer may be required to pay to third parties to the extent such damages, settlement amounts, costs and expenses are attributable to claims that the Product infringes or misappropriates a U.S. patent, copyright, trademark, trade secret or other intellectual property rights of a third party, except such claims due to: (i) a breach by Customer of any provision of this Agreement; (ii) any Customer Materials included in the Product; or (iii) use of the Product in combination with any software, hardware or other equipment not provided by Functional Movement Systems™ where the infringement or misappropriation would not have occurred but for such combination. Notwithstanding anything stated herein to the contrary, in no event shall Functional Movement Systems™ be required to indemnify Customer in an amount or amounts, in the aggregate, in excess of the fees and payments Functional Movement Systems™ has received hereunder.
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Related to Indemnification by Functional Movement Systems™

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