Common use of INDEMNIFICATION BY PATHNET Clause in Contracts

INDEMNIFICATION BY PATHNET. Pathnet agrees to indemnify, defend and hold harmless the LLC and its Affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any and all Losses and threatened Losses arising from, in connection with, or based on allegations of, any of the following: (a) any claims of infringement of any patent, trade secret, copyright or other proprietary rights alleged to have occurred in connection with systems or other resources provided by Pathnet to the LLC either as a contribution to the LLC, pursuant to this Agreement or the Pathnet Sublicense Agreement, dated as of the date hereof, or otherwise and arising out of the actions of Pathnet. (b) any claims arising out of the untruth, inaccuracy or breach of any representation or warranty of Pathnet set forth in this Agreement. (c) the liability of the LLC for (i) any personal injury, disease or death of any person, (ii) damage to or loss of any property, money damages or specific performance owed to any third party (by contract or operation of law) or (iii) any fines, penalties, taxes, assessments, environmental response costs, environmental penalties or injunctive obligations any of which items (i), (ii) or (iii) are caused by, arise out of, or are in any way incidental to, or are connected with, actions or omissions of Pathnet, its employees, officers, directors or agents. (d) the liability of the LLC to Pathnet's customers arising out of any or all obligations to or contracts with customers or Pathnet to purchase Pathnet Excess Capacity for alleged loss of profits or revenue by said customers (or the customers of said customers) resulting from a loss of service over the System.