Common use of Publisher Clause in Contracts

Publisher. Publisher hereby agrees to indemnify, defend and hold harmless Red Mile and its officers, directors, shareholders, employees, agents and affiliates, against any and all suits, losses, liabilities, damages, awards, claims, settlements, costs and expenses, including reasonable attorneys’ fees, arising out of or otherwise relating to a claim, lawsuit, or other proceeding by a third party, whether actual or alleged, based upon: (i) any material breach by Publisher of the Agreement; (ii) any material breach by Publisher of the warranties, representations and covenants contained in the Agreement; or (iii) any trademark, copyright, or patent infringement claim, action, or proceeding relating to Publisher’s Materials.