Common use of Merchant’s Indemnification Clause in Contracts

Merchant’s Indemnification. Merchant shall indemnify ISO/Bank, the respective Card Associations and the participants therein against any and all claims, demands, losses, damages, liability, actions, costs, judgments, arbitration awards and expenses (including reasonable attorneys’ fees), to which such parties may be subjected arising in whole or in part from any Card transaction involving Merchant (including, but not limited to, any chargebacks under applicable Operating Regulations), any act or omission of Merchant in connection with any such transaction, use of any Third-Party Vendor, any breach of this Agreement by Merchant, Merchant’s or any Third-Party Vendor’s violation of applicable laws or Operating Regulations, any return of goods, price adjustment or other dispute with or claim by a Cardholder with Merchant (whether or not such Cardholder’s claim is valid), including, but not limited to, claims or losses of any Cardholder or of any third party, or any breach of Merchant’s data or paper records system that has or may have resulted in an unauthorized disclosure of any information regarding one or more Card transactions or Cardholders. Without limiting the generality of the foregoing, Merchant agrees that it shall be solely responsible for its actions in honoring or refusing to honor Cards and in retaining Cards in accordance with Merchant Operating Guide; and Merchant will indemnify, defend and hold the Card Associations, ISO/Bank and other members of the Card Associations harmless from any claim, loss or liability arising from any injury to persons, property or reputation which occurs as a result thereof.

Merchant’s Indemnification. Merchant shall indemnify ISO/Bank, the respective Card Associations and the participants therein against any and all claims, demands, losses, damages, liability, actions, costs, judgments, arbitration awards and expenses (including reasonable attorneys’ fees), to which such parties may be subjected arising in whole or in part from any Card transaction involving Merchant (including, but not limited to, any chargebacks under applicable Operating Regulations), any act or omission of Merchant in connection with any such transaction, use of any Third-Party Vendor, any breach of this Agreement by Merchant, Merchant’s or any Third-Party Vendor’s violation of applicable laws or Operating Regulations, any return of goods, price adjustment or other dispute with or claim by a Cardholder with Merchant ▇▇▇▇▇▇▇▇ (whether or not such Cardholder’s claim is valid), including, but not limited to, claims or losses of any Cardholder or of any third party, or any breach of Merchant’s data or paper records system that has or may have resulted in an unauthorized disclosure of any information regarding one or more Card transactions or Cardholders. Without limiting the generality of the foregoing, Merchant ▇▇▇▇▇▇▇▇ agrees that it shall be solely responsible for its actions in honoring or refusing to honor Cards and in retaining Cards in accordance with Merchant Operating Guide; and Merchant will indemnify, defend and hold the Card Associations, ISO/Bank and other members of the Card Associations harmless from any claim, loss or liability arising from any injury to persons, property or reputation which occurs as a result thereof.