Common use of IP Claims Clause in Contracts

IP Claims. Solo will, at Solo’s expense, either defend Subscriber from or settle any claim, proceeding or suit brought by a third party against Subscriber and its Authorized Persons, alleging that Subscriber’s use of a Product or Support Services during the Subscription Term infringes or misappropriates such third party’s intellectual property rights (“IP Claim”). Solo will indemnify Subscriber and its Authorized Persons from and pay: (i) all damages, costs and attorneys’ fees finally awarded against Subscriber and its Authorized Persons to such third party to the extent resulting from such IP Claim; (ii) any settlement amounts consented to by Solo in connection with such IP Claim; and (iii) all out-of-pocket costs incurred within five (5) days of receipt of such IP Claim by Subscriber and its Authorized Persons prior to tendering the defense of an IP Claim to Solo. For the avoidance of doubt, (1) any costs incurred beyond five (5) days after receipt will be at Subscriber’s own cost and expense, and (2) Solo will not pay for any out-of-pocket costs incurred by Subscriber once the IP Claim is tendered to Solo.