Common use of Indemnification by Provider Clause in Contracts

Indemnification by Provider. Provider shall indemnify, defend, and hold harmless Participant and Participant’s officers, directors, employees, and agents from and against any and all expenses and costs (including reasonable attorney’s fees and court costs) or liabilities (including amounts paid in settlement) incurred by any of them in connection with any Claim arising out of or resulting from any breach by Provider of any of Provider’s obligations hereunder; provided, Provider shall not be liable to Participant for the foregoing to the extent arising from Participant’s material breach of this Agreement, gross negligence or willful misconduct. To the extent permitted by applicable law, Participant expressly waives any Claim or right of action it could otherwise pursue against Bank and agrees not to pursue or threaten any lawsuit against Bank and instead to assert any rights to monetary compensation arising hereunder solely against Provider.

Indemnification by Provider. Provider shall indemnify, defend, and hold harmless Participant and Participant’s officers, directors, employees, and agents from and against any and all expenses and costs (including reasonable attorney’s fees and court costs) or liabilities (including amounts paid in settlement) incurred by any of them in connection with any Claim claim, dispute, controversy, or litigation arising out of or resulting from any breach by Provider of any of Provider’s obligations hereunder; provided, Provider shall not be liable to Participant for the foregoing to the extent arising from Participant’s material breach of this Agreement, gross negligence or willful misconduct. To the extent permitted by applicable law, Participant expressly waives any Claim claim or right of action it could otherwise pursue against Bank and agrees not to pursue or threaten any lawsuit against Bank and instead to assert any rights to monetary compensation arising hereunder solely against Provider.

Indemnification by Provider. Provider shall indemnify, defend, and hold harmless Participant and Participant’s officers, directors, employees, and agents from and against any and all expenses and costs (including reasonable attorney’s fees and court costs) or liabilities (including amounts paid in settlement) incurred by any of them in connection with any Claim arising out of or resulting from any breach by Provider of any of Provider’s obligations hereunder; provided, Provider shall not be liable to Participant for the foregoing to the extent arising from Participant’s material breach of this Agreement, gross negligence or willful misconduct. To the extent permitted by applicable law, Participant expressly waives any Claim or right of action it could otherwise pursue against Bank Xxxx and agrees not to pursue or threaten any lawsuit against Bank and instead to assert any rights to monetary compensation arising hereunder solely against Provider.