Common use of INTELLECTUAL PROPERTY RIGHTS INDEMNIFICATION Clause in Contracts

INTELLECTUAL PROPERTY RIGHTS INDEMNIFICATION. a. Subject to the provisions of subsection d below, XXXXXX will indemnify and hold Customer, its Affiliates, and their officers, directors, employees and distributors, customers and end users harmless from and against all claims, causes of action, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) asserted by third parties which arise out of a claim that Software Services or Hardware Platforms infringe any patent, copyright or trade secret rights of a third party. The foregoing indemnification shall not apply in the event that and to the extent such claim arises as a result of:

INTELLECTUAL PROPERTY RIGHTS INDEMNIFICATION. a. Subject to the provisions of subsection d below, XXXXXX will indemnify and hold Customer, its AffiliatesAffiliates, and their officersofficers, directors, employees and distributors, customers and end users harmless from and against all claims, causes of action, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) asserted by third parties which arise out of a claim that Software SoGware Services or Hardware Platforms infringe any patent, copyright or trade secret rights of a third party. The foregoing indemnification indemnification shall not apply in the event that and to the extent such claim arises as a result of: