Indemnification by. Except as otherwise provided in Paragraph 15(a) -------------------- above, * shall defend, indemnify and hold Retailer, its parent company, their affiliates, subsidiaries, and franchisees, and the officers, directors, agents, and employees of each, free and harmless from all Claims (including reasonable attorneys' fees) which may arise directly or indirectly out of or by reason of (i) copyright infringement by, or other third party Claim against, * with respect to the content of any Rental Picture, provided such Claim or infringement is not the result of the negligence of Retailer or any employee or agent of Retailer, (ii) a physical defect in any Licensed Unit provided to Retailer hereunder by *, provided such defect was not caused by the *Confidential material omitted and separately filed with the Commission under an application for confidential treatment. negligence of Retailer or any employee or agent of Retailer, and/or (iii) a breach or violation of this Agreement or any obligation, covenant, representation or warranty made hereunder by *.
Appears in 1 contract
Sources: Standard Revenue Sharing Output License (Video Update Inc)
Indemnification by. Except as otherwise provided in Paragraph 15(a) -------------------- above, * shall defend, indemnify and hold Retailer, its parent company, their affiliates, subsidiaries, and franchisees, and the officers, directors, agents, and employees of each, free and harmless from all Claims (including reasonable attorneys' fees) which may arise directly or indirectly out of or by reason of (i) copyright infringement by, or other third party Claim against, * with *Confidential material omitted and separately filed with the Commission under an application for confidential treatment. respect to the content of any Rental Picture, provided such Claim or infringement is not the result of the negligence of Retailer or any employee or agent of Retailer, (ii) a physical defect in any Licensed Unit provided to Retailer hereunder by *, provided such defect was not caused by the *Confidential material omitted and separately filed with the Commission under an application for confidential treatment. negligence of Retailer or any employee or agent of Retailer, and/or (iii) a breach or violation of this Agreement or any obligation, covenant, representation or warranty made hereunder by *.
Appears in 1 contract
Sources: Standard Revenue Sharing Output License (Video Update Inc)
Indemnification by. Except as otherwise provided in Paragraph 15(a) -------------------- above, * shall defend, indemnify and hold Retailer, its parent company, their affiliates, subsidiaries, and franchisees, and the officers, directors, agents, and employees of each, free and harmless from all Claims (including reasonable attorneys' fees) which may arise directly or indirectly out of or by reason of (i) copyright infringement by, or other third party Claim against, * with respect to the content of any Rental Picture, provided such Claim or infringement is not the result of the negligence of Retailer or any employee or agent of Retailer, (ii) a physical defect in any Licensed Unit provided to Retailer hereunder by *, provided such defect was not caused by the *negligence of Retailer or any employee or agent of Retailer, and/or (iii) a * Confidential material omitted and separately filed with the Commission under an application for confidential treatment. negligence of Retailer or any employee or agent of Retailer, and/or (iii) a breach or violation of this Agreement or any obligation, covenant, representation or warranty made hereunder by *.
Appears in 1 contract
Sources: Standard Revenue Sharing Output License Terms (Video Update Inc)