Common use of INDEMNIFICATION BY PATHNET Clause in Contracts

INDEMNIFICATION BY PATHNET. Pathnet agrees to indemnify, defend and hold harmless Incumbent 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) except as set forth in Section 15.1(a), any claims of infringement of any patent, trade secret, copyright or other proprietary rights alleged to have occurred because of systems, software or other resources provided by Pathnet to Incumbent. (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 Incumbent 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 to the extent caused by, arising out of, or in connection with, actions or omissions or willful misconduct of Pathnet, its employees, Subcontractors or agents. (d) the liability of Incumbent arising out of any or all obligations to or contracts with customers to purchase Excess Capacity. (e) any claims (including, but not limited to, claims for personal injury, property damage and fines, environmental response costs, and environmental penalties) relating to or arising out of any Hazardous Material physically brought, kept, used, discharged or emitted on any of Incumbent's Sites or Facilities by Pathnet, to the extent caused by, arising out of, or in connection with, any actions or omissions of Pathnet, its employees, Subcontractors or agents; in such event Pathnet shall bear the expense of and cause to be performed any cleanup or other remedial action to return the Leased Premises to their prior state and to comply with any environmental laws and regulations.