Participant Indemnity. Each Participant shall defend and indemnify the other Participants from and against any claim or liability, including any related loss or cost, caused by or resulting from the design, construction, installation, operation, or maintenance of any of the electric facilities owned, operated, or maintained by the indemnifying Participant or by reason of the acts or omissions of its agents, contractors, servants, or employees in connection therewith.
Participant Indemnity. 14.1.1 Each Participant (an “Indemnitor”) shall indemnify, defend and hold harmless each other Participant and its agents, officers, and directors, (collectively, “Indemnitees”), from and against all loss, cost and expense, including all legal expense on a full recovery basis, incurred by the Indemnitees or any of them as a result of or arising from any:
Participant Indemnity. Participant shall indemnify, hold harmless, and defend Netscape from and against any and all claims, liabilities, losses, damages, expenses and costs (including attorneys' fees and costs) arising from third party claims arising out of or relating to the Service (including but not limited to any spam), Participant's Content and any material to which users can directly link through Participant's Content, other information supplied or managed by Participant, or the negligence or intentional wrongdoing of Participant, except to the extent that Netscape is responsible under Section 10.2. Participant will pay resulting costs, damages and legal fees finally awarded in such action in a court or in a settlement which are attributable to such claim provided that: (i) Netscape promptly notifies Participant in writing of any such claim; (ii) Participant has sole control of the defense and all related settlement negotiations; and (iii) Netscape cooperates with Participant, at Participant's expense, in defending or settling such claim. The foregoing states Participant's sole obligation and Netscape's sole remedy for third party claims of infringement or misappropriation.
Participant Indemnity. Participant shall indemnify, hold harmless and defend Netscape from and against any and all claims, liabilities, losses, damages, expenses and costs (including attorneys' fees and costs) arising out of or relating to: (a) a breach of Participant's representations or warranties under Section 5.1 of the Netcenter General Terms; (b) the Service, any content provided by Participant for the Service and any material to which users can directly link through the Service; (c) other information supplied or managed by Participant for the Service; or (d) the negligence or intentional wrongdoing of Participant, except to the extent that Netscape is responsible under Section 6.2 of the Netcenter General Terms. Participant will pay resulting costs, damages and legal fees finally awarded in such action in a court or in a settlement which are attributable to such claim provided that: (i) Netscape promptly notifies Participant in writing of any such claim; (ii) Participant has sole control of the defense and all related settlement negotiations; and (iii) Netscape cooperates with Participant, at Participant's expense, in defending or settling such claim. Intraware, Inc. Netcenter Services Agreement 090398ttk CONFIDENTIAL 9 Rev. 082598
Participant Indemnity. Participant hereby agrees to indemnify, hold harmless and defend RN from all claims, damages, costs and expenses, including reasonable attorneys' fees and litigation expenses, arising out of or as a result of Participant's breach of the above warranties and representations or this Agreement. Notwithstanding the foregoing, Participant shall not be liable for any material not contained in or a part of the Content Headlines and inserted in the Content Headlines by RN, whether with or without the permission of Participant. Participant, at its own expense, shall have the right to employ separate counsel and participate in the defense thereof.
Participant Indemnity. Participant shall indemnify and hold harmless Distributor, its successors and assigns, and its officers, directors, and employees (collectively, the “Distributor Indemnified Parties”) from and against any and all suits, actions, claims, losses, damages, liabilities, obligations, judgments, costs or expenses (including, without limitation, reasonable attorneys’ fees and expenses) that any of the Distributor Indemnified Parties may suffer or incur as a result of any claim by any third party, but only to the extent attributable to Participant’s negligent acts or omissions, wrongful conduct and/or breach of any representations, express or implied warranties or agreements made by Participant in or through this Participant Joinder Agreement and the applicable provisions of the Master Agreement. Notwithstanding the foregoing and for the avoidance of doubt, Participant does not agree to indemnify or hold harmless a particular Distributor Indemnified Party for any suits, actions, claims, losses, damages, liabilities, obligations, judgments, costs or expenses arising from the negligence or willful misconduct of the Distributor Indemnified Party.
Participant Indemnity. The Participant releases the Department from and indemnifies and will continue to indemnify the Department and its subcontractors and Personnel from and against all:
Participant Indemnity. The Participant indemnifies the Department and its Personnel from and against any:
Participant Indemnity. Rule 6.1 Pledge To secure payments due or the performance of any obligation of Participant, Participant pledges to CDS, as collateral for its obligations under the CDS Agreement:
Participant Indemnity. The Participant releases the Department from and indemnifies and will continue to indemnify the Department and its subcontractors and Personnel from and against all: loss, damage, costs and expenses suffered or incurred by the Department, including as the result of any claim made in relation to: loss of or damage to third party property; or the injury, illness or death of a third party; loss of, or damage to, Department property; or loss, damage, costs and expenses suffered or incurred by the Department in dealing with any claim against the Department, including legal costs and expenses on a solicitor/own client basis and the cost of time spent, resources used, or disbursements paid by the Department; arising out of or in connection with the exercise of the Department's rights under this clause 20. The Participant's liability to indemnify the Department under clause 20.6 will be reduced proportionately to the extent that any negligent or unlawful act or omission of, or wilful misconduct by, the Department, its subcontractors and Personnel contributed to the relevant loss, damage, cost, expense or liability. Step-out On the Department ceasing to exercise any of its rights under clause 20.2 the Participant must as soon as reasonably practicable recommence performance of those of the Participant's obligations suspended pursuant to clause 20.2. – Risk management Indemnities
