Common use of Obligation to Indemnify Clause in Contracts

Obligation to Indemnify. Each Party shall, and hereby agrees to, defend at the other's request, indemnify and hold harmless the other Party and each of its officers, directors, employees and agents (each, an "Indemnitee") against and in respect of any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated, including without limitation all reasonable costs and expenses incurred (legal, accounting or otherwise) (collectively, "Damages") arising out of, resulting from or based upon any pending or threatened claim, action, proceeding or suit by any third party (a "Claim") (i) alleging any breach of any representation, warranty or covenant made by such indemnifying Party (the "Indemnifying Party") in this Agreement, (ii) based upon injuries or damage to any person or property or the environment arising out of or in connection with this Agreement that are the result of the Indemnifying Party's actions, breach of Applicable Law, or status or the actions, breach of Applicable Law, or status of its employees, agents and subcontractors, or (iii) for actual or alleged infringement of any patent, copyright, trademark, service mark, xxade name, trade dress, trade secret or any other intellectual property right, now known or later developed (referred to as "Intellectual Property Rights") to the extent that such claim or action arises from the Indemnifying Party's or the Indemnifying Party's customer's use of the Network Elements, Ancillary Functions, Combinations, Local Services or other services provided under this Agreement.

Obligation to Indemnify. Each Party shall, and hereby agrees to, defend at the other's ’s request, indemnify and hold harmless the other Party and each of its officers, directors, employees and agents Agents (each, an "“Indemnitee"”) against and in respect of any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated, including without limitation all reasonable costs and expenses incurred (legal, accounting or otherwise) (collectively, "“Damages"”) arising out of, resulting from or based upon any pending or threatened claim, action, proceeding or suit by any third party (a "“Claim"”) (i) alleging any breach of any representation, warranty or covenant made by such indemnifying Party party (the "“Indemnifying Party"”) in this Agreement, (ii) based upon injuries or damage to any person or property or the environment arising out of or in connection with this Agreement that are the result of the Indemnifying Party's actions, breach of Applicable Law, or status status, or the actions, breach of Applicable Law, or status of its employees, agents Agents and subcontractors, or (iii) for actual or alleged infringement of any patent, copyright, trademark, service mark, xxade trade name, trade dress, trade secret or any other intellectual property right, now known or later developed (referred to as "Intellectual Property Rights") to the extent that such claim or action arises from the Indemnifying Party's or the Indemnifying Party's customereither Parties’ Customer's use of the Network Elements, Ancillary Functions, Combinations, Local Services services or other services Interconnection provided under this Agreement.

Obligation to Indemnify. Each Party shall, and hereby agrees to, defend at the other's ’s request, indemnify and hold harmless the other Party and each of its officers, directors, employees and agents (each, an "“Indemnitee"”) against and in respect of any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated, including without limitation all reasonable costs and expenses incurred (legal, accounting or otherwise) (collectively, "“Damages"”) arising out of, resulting from or based upon any pending or threatened claim, action, proceeding or suit by any third party (a "“Claim"”) (i) alleging any breach of any representation, warranty or covenant made by such indemnifying Party (the "“Indemnifying Party"”) in this Agreement, (ii) based upon injuries or damage to any person or property or the environment arising out of or in connection with this Agreement that are the result of the Indemnifying Party's ’s actions, breach of Applicable Law, or status or the actions, breach of Applicable Law, or status of its employees, agents and subcontractors, or (iii) for actual or alleged infringement of any patent, copyright, trademark, service markmxxx, xxade trade name, trade dress, trade secret or any other intellectual property right, now known or later developed (referred to as "“Intellectual Property Rights"”) to the extent that such claim or action arises from the Indemnifying Party's ’s or the Indemnifying Party's ’s customer's ’s use of the Network Elements, Ancillary Functions, Combinations, Local Services or other services provided under this Agreement.

Obligation to Indemnify. Each Party shall, and hereby agrees to, defend at the other's ’s request, indemnify and hold harmless the other Party and each of its officers, directors, employees and agents (each, an "“Indemnitee"”) against and in respect of any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated, including without limitation all reasonable costs and expenses incurred (legal, accounting or otherwise) (collectively, "“Damages"”) arising out of, resulting from or based upon any pending or threatened claim, action, proceeding or suit by any third party Party (a "“Claim"”) (i) alleging any breach of any representation, warranty or covenant made by such indemnifying Party (the "“Indemnifying Party"”) in this Agreement, (ii) based upon injuries or damage to any person or property or the environment arising out of or in connection with this Agreement that are the result of the Indemnifying Party's actions, breach of Applicable Law, or status or the ’s actions, breach of Applicable Law, or status of its employees, agents and subcontractors, or (iii) for actual or alleged infringement of any patent, copyright, trademark, service markxxxx, xxade trade name, trade dress, trade secret or any other intellectual property right, now known or later developed (referred to as "Intellectual Property Rights") to the extent that such claim or action arises from the Indemnifying PartyMCIm or MCIm's or the Indemnifying Party's customerCustomer's use of the Network Elements, Ancillary Functions, Combinations, Local Services or other services and Elements provided under this Agreement.

Obligation to Indemnify. 1. Each Party (the "Indemnifying Party") shall, and hereby agrees to, defend at the otherother Party's request, indemnify and hold harmless the other Party and each of its officers, directors, employees and agents (each, an "Indemnitee") against and in respect of any loss, debt, liability, damage, -------------------------------------------------------------------------------- (9/29/97) Page 11 BellSouth Telecommunications, Inc. & DeltaCom, Inc. -------------------------------------------------------------------------------- obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated, including without limitation all reasonable costs and expenses incurred (legal, accounting or otherwise) (collectively, "Damages") arising out of, resulting from or based upon any pending or threatened claim, action, proceeding or suit by any third party (a "Claim") (i) alleging arising from any breach of any representation, warranty or covenant made by such indemnifying Party (the "Indemnifying Party") party in this AgreementAmendment, or (ii) based upon injuries or damage to any person or property or the environment arising out of or in connection with this Agreement Amendment that are the result of the Indemnifying Party's actions, breach of Applicable Law, or status or the actions, breach actions of Applicable Law, or status of its the Indemnifying Party's employees, agents and subcontractors, or (iii) for actual or alleged infringement of any patent, copyright, trademark, service mark, xxade name, trade dress, trade secret or any other intellectual property right, now known or later developed (referred to as "Intellectual Property Rights") to the extent that such claim or action arises from the Indemnifying Party's or the Indemnifying Party's customer's use of the Network Elements, Ancillary Functions, Combinations, Local Services or other services provided under this Agreement.

Obligation to Indemnify. Each Party party shall, and hereby agrees to, defend at the other's request, indemnify and hold harmless the other Party party and each of its officers, directors, employees and agents (each, an "Indemnitee") against and in respect of any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated, including without limitation all reasonable costs and expenses incurred (legal, accounting or otherwise) (collectively, "Damages") arising out of, resulting from or based upon any pending or threatened claim, action, proceeding or suit by any third party (a "Claim") (i) alleging any breach of any representation, warranty or covenant made by such indemnifying Party party (the "Indemnifying Party") in this Agreement, (ii) based upon injuries or damage to any person or property or the environment arising out of or in connection with this Agreement that are the result of the Indemnifying Party's actions, breach of Applicable Law, or status or the actions, breach of Applicable Law, or status of its employees, agents and subcontractors, or (iii) for actual or alleged infringement of any patent, copyright, trademark, service markxxxx, xxade trade name, trade dress, trade secret or any other intellectual property right, now known or later developed (referred to as "Intellectual Property Rights") to the extent that such claim or action arises from the Indemnifying Partyindemnifying party's or the Indemnifying Partyindemnifying party's customerCustomer's use of the Network Elements, Ancillary Functions, Combinations, Local Services or other services provided under this Agreement.

Obligation to Indemnify. Each Party shall, and hereby agrees to, defend at the other's request, indemnify and hold harmless the other Party and each of its officers, directors, employees and agents (each, an "Indemnitee") against and in respect of any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated, including without limitation all reasonable costs and expenses incurred (legal, accounting or otherwise) (collectively, "Damages") arising out of, resulting from or based upon any pending or threatened claim, action, proceeding or suit by any third party Party (a "Claim") (i) alleging any breach of any representation, warranty or covenant made by such indemnifying Party (the "Indemnifying Party") in this Agreement, (ii) based upon injuries or damage to any person or property or the environment arising out of or in connection with this Agreement that are the result of the Indemnifying Party's actions, breach of Applicable Law, or status or the actions, breach of Applicable Law, or status of its employees, agents and subcontractors, or (iii) for actual or alleged infringement of any patent, copyright, trademark, service markxxxx, xxade trade name, trade dress, trade secret or any other intellectual property right, now known or later developed (referred to as "Intellectual Property Rights") to the extent that such claim or action arises from the Indemnifying PartyMCIm or MCIm's or the Indemnifying Party's customerCustomer's use of the Network Elements, Ancillary Functions, Combinations, Local Services or other services and Elements provided under this Agreement.

Obligation to Indemnify. Each Party shall, and hereby agrees to, defend at the other's request, indemnify and hold harmless the other Party and each of its officers, directors, employees and agents (each, an "Indemnitee") against and in respect of any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated, including without limitation all reasonable costs and expenses incurred (legal, accounting or otherwise) (collectively, "Damages") arising out of, resulting from or based upon any pending or threatened claim, action, proceeding or suit by any third party (a "Claim") ): (i) alleging any breach of any representation, warranty or covenant made by such indemnifying Party (the "Indemnifying Party") in this Agreement, (ii) based upon injuries or damage to any person or property or the environment arising out of or in connection with this Agreement Agreement, that are the result of the such Indemnifying Party's actions, breach of Applicable Law, or status breach of representations, warranties or covenants made in this Agreement, or the actions, breach of Applicable LawLaw or of this Agreement by its officers, or status of its directors, employees, agents and subcontractors, or (iiiii) for actual or alleged infringement of any patent, copyright, trademark, service markxxxx, xxade trade name, trade dress, trade secret or any other intellectual property right, right now known or later developed (referred to as "Intellectual Property Rights") to the extent that such claim or action arises from the Indemnifying Party's or the Indemnifying Party's customerCustomer's use of the Network Elements, Ancillary Functions, Combinations, Local Services or other services provided under this Agreement.. [ Combinations ]

Obligation to Indemnify. Each Party party shall, and hereby agrees to, defend at the otherother party's request, indemnify and hold harmless the other Party party and each of its officers, directors, employees and agents (each, an "Indemnitee") against and in respect of any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated, including without limitation all reasonable costs and expenses incurred (legal, accounting or otherwise) (collectively, "Damages") arising out of, resulting from or based upon any pending or threatened claim, action, proceeding or suit by any third party (a "Claim") (i) alleging arising from any breach of any representation, warranty or covenant made by such indemnifying Party party (the "Indemnifying Party") in this Agreement, (ii) based upon injuries or damage to any person or property or the environment arising out of or in connection with this Agreement that are the result of the Indemnifying Party's actions, breach of Applicable Law, or status or the actions, breach of Applicable Law, or status of its employees, agents and subcontractors, or (iii) for actual or alleged infringement of any patent, copyright, trademark, service markxxxx, xxade trade name, trade dress, trade secret or any any, other intellectual property right, now known or later developed (referred to as "Intellectual Property Rights") to the extent that such claim or action Claim for infringement arises from the Indemnifying Party's or the Indemnifying Party's customerIndemnitee's use of the Network Elements, Ancillary Functions, Combinations, Local Services or other services provided to it under this Agreement.

Obligation to Indemnify. 9.4.1 Each Party shall, and hereby agrees to, defend at the other's request, indemnify and hold harmless the other Party and each of its officers, directors, employees and agents (each, an "Indemnitee") against and in respect of any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated, including without limitation all reasonable costs and expenses incurred (legal, accounting or otherwise) (collectively, "Damages") arising out of, resulting from or based upon any pending or threatened claim, action, proceeding or suit by any third party (a "Claim") (i) alleging any breach of any representation, warranty or covenant made by such indemnifying Party (the "Indemnifying Party") in this Agreement, (ii) based upon injuries or damage to any person or property or the environment arising out of or in connection with this Agreement Agreement, that are the result of the such Indemnifying Party's actions, breach of Applicable Law, or status breach of representations, warranties or covenants made in this Agreement, or the actions, breach of Applicable LawLaw or of this Agreement by its officers, or status of its directors, employees, agents and subcontractors, or (iiiii) for actual or alleged infringement of any patent, copyright, trademark, service markxxxx, xxade trade name, trade dress, trade secret or any other intellectual property right, now known or later developed (referred to as "Intellectual Property Rights") to the extent that such claim or action arises from the Indemnifying Party's or the Indemnifying Party's customerCustomer's use of the Local Services, Network Elements, Ancillary Functions, Combinations, Local Services Ancillary Functions or other services provided under this Agreement.

Obligation to Indemnify. Each Party shall, and hereby agrees to, defend at the other's ’s request, indemnify and hold harmless the other Party and each of its officers, directors, employees and agents (each, an "“Indemnitee"”) against and in respect of any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated, including without limitation all reasonable costs and expenses incurred (legal, accounting or otherwise) (collectively, "“Damages"”) arising out of, resulting from or based upon any pending or threatened claim, action, proceeding or suit by any third party Party (a "“Claim"”) (i) alleging any breach of any representation, warranty or covenant made by such indemnifying Party (the "“Indemnifying Party"”) in this Agreement, (ii) based upon injuries or damage to any person or property or the environment arising out of or in connection with this Agreement that are the result of the Indemnifying Party's actions, breach of Applicable Law, or status or the ’s actions, breach of Applicable Law, or status of its employees, agents and subcontractors, or (iii) for actual or alleged infringement of any patent, copyright, trademark, service markxxxx, xxade trade name, trade dress, trade secret or any other intellectual property right, now known or later developed (referred to as "Intellectual Property Rights") to the extent that such claim or action arises from the Indemnifying PartyAT&T or AT&T's or the Indemnifying Party's customerCustomer's use of the Network Elements, Ancillary Functions, Combinations, Local Services or other services and Elements provided under this Agreement.

Obligation to Indemnify. Each Party shall, and hereby agrees to, defend at the other's ’s request, indemnify and hold harmless the other Party and each of its officers, directors, employees and agents (each, an "“Indemnitee"”) against and in respect of any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated, including without limitation all reasonable costs and expenses incurred (legal, accounting or otherwise) (collectively, "“Damages"”) arising out of, resulting from or based upon any pending or threatened claim, action, proceeding or suit by any third party (a "“Claim"”) (i) alleging any breach of any representation, warranty or covenant made by such indemnifying Party (the "“Indemnifying Party"”) in this Agreement, (ii) based upon injuries or damage to any person or property or the environment arising out of or in connection with this Agreement that are the result of the Indemnifying Party's actions, breach of Applicable Law, or status or the actions, breach of Applicable Law, or status of its employees, agents and subcontractors, or (iii) for actual or alleged infringement of any patent, copyright, trademark, service mark, xxade trade name, trade dress, trade secret or any other intellectual property right, now known or later developed (referred to as "Intellectual Property Rights") to the extent that such claim or action arises from the Indemnifying Party's ’s or the Indemnifying Party's ’s customer's use of the Network Elements, Ancillary Functions, Combinations, Local Services or other services provided under this Agreement.

Obligation to Indemnify. Each Party shall, and hereby agrees to, defend at the other's ’s request, indemnify and hold harmless the other Party and each of its officers, directors, employees and agents (each, an "“Indemnitee"”) against and in respect of any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated, including without limitation all reasonable costs and expenses incurred (legal, accounting or otherwise) (collectively, "“Damages"”) arising out of, resulting from or based upon any pending or threatened claim, action, proceeding or suit by any third party Party (a "“Claim"”) (i) alleging any breach of any representation, warranty or covenant made by such indemnifying Party (the "“Indemnifying Party"”) in this Agreement, (ii) based upon injuries or damage to any person or property or the environment arising out of or in connection with this Agreement that are the result of the Indemnifying Party's actions, breach of Applicable Law, or status or the ’s actions, breach of Applicable Law, or status of its employees, agents and subcontractors, or (iii) for actual or alleged infringement of any patent, copyright, trademark, service mark, xxade trade name, trade dress, trade secret or any other intellectual property right, now known or later developed (referred to as "Intellectual Property Rights") to the extent that such claim or action arises from the Indemnifying PartyAT&T or AT&T's or the Indemnifying Party's customerCustomer's use of the Network Elements, Ancillary Functions, Combinations, Local Services or other services and Elements provided under this Agreement.