Common use of Telco Clause in Contracts

Telco. Telco shall indemnify Comverge Parties for any and all loss or liability, including the costs of settlements, judgments, damages and direct expenses including reasonable attorney’s fees, costs and expenses (including reasonable attorney’s fees, costs and expenses incurred in establishing a right to indemnity hereunder), from Claims, at law or in equity, whether based on statute or regulation or on theories of contract, tort, strict liability, or otherwise, which are brought by or on behalf of persons other than Comverge Parties or Telco for injuries or damages to persons or property arising from or in any manner relating to acts or omissions of Telco under this Agreement. This indemnification shall include all damages, claims, or liabilities and expenses arising from or resulting in any way from any workmanship defect in the Products purchased by Comverge Parties hereunder. Telco shall defend at its own expense, with counsel acceptable to Comverge, any suit or action brought against Comverge Parties based upon such Claims. Telco shall also indemnify Comverge Parties for any and all loss or liability for fines, fees or penalties for violations of any statutes, regulations, rules, ordinances, codes or standards applicable to the Work arising from or relating to acts or omissions of Telco Parties. Telco’s obligations under this section shall be reduced to the extent of the negligence, gross negligence or willful misconduct of Comverge Parties.