Common use of Indemnity by XebiaLabs Clause in Contracts

Indemnity by XebiaLabs. 11.1 XebiaLabs will (i) defend, or at its sole option settle, any claim against Partner on the basis of infringement of XebiaLabs’ Software on any patent in the country where XebiaLabs has its registered address, trademark, copyright or trade secret; and (ii) pay any final judgement entered against Partner on such claim or any settlement entered into by XebiaLabs on Partner’s behalf, provided that: Partner (a) notifies XebiaLabs promptly of each such claim; (b) gives XebiaLabs sole control of the defence and/or settlement of the claim; (c) fully cooperates with XebiaLabs in the defense or settlement of the claim at Partner’s own costs; and (d) takes no action that may prejudice XebiaLabs’ ability to defend the claim.

Indemnity by XebiaLabs. 11.1 8.1 XebiaLabs will (i) defend, or at its sole option settle, any claim against Partner on the basis of infringement of XebiaLabs’ Software on any patent in the country where XebiaLabs has its registered address, trademark, copyright or trade secret; and (ii) pay any final judgement entered against Partner on such claim or any settlement entered into by XebiaLabs on Partner’s behalf, provided that: Partner (ai) notifies XebiaLabs promptly of each such claim; (bii) gives XebiaLabs sole control of the defence and/or settlement of the claim; (ciii) fully cooperates with XebiaLabs in the defense or settlement of the claim at Partner’s own costs; and (div) takes no action that may prejudice XebiaLabs’ ability to defend the claim.

Indemnity by XebiaLabs. 11.1 9.1 XebiaLabs will (i) defend, or at its sole option settle, any claim against Partner on the basis of infringement of XebiaLabs’ Software on any patent in the country where XebiaLabs has its registered address, trademark, copyright or trade secret; and (ii) pay any final judgement entered against Partner on such claim or any settlement entered into by XebiaLabs on Partner’s behalf, provided that: Partner (ai) notifies XebiaLabs promptly of each such claim; (bii) gives XebiaLabs sole control of the defence and/or settlement of the claim; (ciii) fully cooperates with XebiaLabs in the defense or settlement of the claim at Partner’s own costs; and (div) takes no action that may prejudice XebiaLabs’ ability to defend the claim.