Third Party Software Indemnification. In addition, unless otherwise agreed, with respect to Third Party Software provided by Supplier pursuant to this Agreement, Supplier covenants that it shall obtain and provide intellectual property indemnification for ABM and its Affiliates (or obtain intellectual property indemnification for itself and enforce such indemnification on behalf of ABM and its Affiliates) from the suppliers of such Software. Unless otherwise approved in advance by ABM, such indemnification shall be (i) comparable to the intellectual property indemnification provided by Supplier to ABM and the Eligible Recipients under this Agreement, or (ii) the standard indemnification offered in the industry for the same or substantially similar types of software products. In addition to the foregoing, Supplier shall use commercially reasonable efforts to obtain the indemnification protection described above for Eligible Recipients that are not Affiliates of ABM.
Third Party Software Indemnification. In addition, with respect to Third Party Software provided by Supplier pursuant to this Agreement, Supplier covenants that it shall obtain and provide intellectual property indemnification for Kraft and the Eligible Recipients (or obtain intellectual property indemnification for itself and enforce such indemnification on behalf of Kraft and the Eligible Recipients) from the suppliers of such Software. Unless otherwise approved in advance by Kraft, such indemnification shall be comparable to the intellectual property indemnification provided by Supplier to Kraft and the Eligible Recipients under this Agreement.
Third Party Software Indemnification. In addition, with respect to Third Party Software provided by Service Provider pursuant to this Agreement, Service Provider covenants that it shall obtain and provide intellectual property indemnification for Allegheny and the Eligible Recipients (or obtain intellectual property indemnification for itself and enforce such indemnification on behalf of Allegheny and the Eligible Recipients) from the suppliers of such Software. Unless otherwise approved in advance by Allegheny, such indemnification shall be (i) comparable to the intellectual property indemnification provided by Service Provider to Allegheny and the Eligible Recipients under this Agreement, or (ii) the best indemnification reasonably available in the industry for the same or substantially similar types of software products.
Third Party Software Indemnification. Unless otherwise agreed, with respect to any Vendor Third Party Materials licensed after the Effective Date that is provided by Vendor pursuant to the Agreement, Vendor covenants that it shall use commercially reasonable efforts to obtain an intellectual property indemnification for the PBC and the City and the Sister Agencies and, in connection with a User Project, the applicable User that is at least the most favorable standard indemnification provided by the third party.
Third Party Software Indemnification. In addition, with respect to Third Party Software provided by Supplier pursuant to this Agreement, Supplier covenants that it shall obtain and provide intellectual property indemnification for Allianz and the Eligible Recipients (or obtain intellectual property indemnification for itself and enforce such indemnification on behalf of Allianz and the Eligible Recipients) from the suppliers of such Software. Unless otherwise approved in advance by Allianz, such indemnification shall be (i) comparable to the intellectual property TCS AZL Master Effective 1.1.2020 indemnification provided by Supplier to Allianz and the Eligible Recipients under this Agreement, or (ii) the customary indemnification available in the industry for the same or substantially similar types of software products.
Third Party Software Indemnification. COMPANY shall hold harmless, defend and indemnify COUNTY from liability to third parties resulting from infringement by the Software of any patent or copyright or misappropriation of any trade secret, provided COMPANY is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement. COMPANY will not be responsible for any settlement it does not approve in writing. If, due to a claim of infringement, the Software or related services are held by a court of competent jurisdiction to be or are believed by COMPANY to be infringing, COMPANY may, at its option and expense, replace or modify the Software to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, obtain a license which allows COUNTY to continue using the Software or terminate this Agreement and provide COUNTY a refund of any prepaid, unused fees.
Third Party Software Indemnification. In addition, with respect to Third Party Software provided by Supplier pursuant to this Agreement, Supplier covenants that it shall use best efforts to obtain and provide intellectual property indemnification for Hercules and the Eligible Recipients (or obtain intellectual property indemnification for itself and enforce such indemnification on behalf of Hercules and the Eligible Recipients) from the suppliers of such Software. Unless otherwise approved in advance by Hercules, such indemnification shall be (i) comparable to the intellectual property indemnification provided by Supplier to Hercules and the Eligible Recipients under this Agreement, or (ii) the best indemnification available in the industry for the same or substantially similar types of software products. If Supplier cannot obtain such intellectual property indemnification from the supplier of such Software, Supplier shall so notify Hercules. Unless otherwise approved in advance by Hercules, Supplier shall either (i) not provide or use such Third Party Software under this Agreement, or (ii) agree to indemnify Hercules, the Eligible Recipients, and other indemnitees under this Agreement as if such Third Party Software were Supplier Owned Materials.
Third Party Software Indemnification expense, (a) obtain from the third party a right for the other Party to use the third party's software, or (b) unless the third party software is integral to providing the Airline Group a Critical TSG Service, (1) replace the third party's software with an equivalent not subject to the third party's control or (2) accept return of the third party's software and refund to the other Party the fees paid for such third party software, less a reasonable amount for the other Party's use thereof.
Third Party Software Indemnification. In addition, unless otherwise agreed, with respect to Third Party Software provided by Amdocs pursuant to this Agreement, Amdocs covenants that it shall make commercially reasonable efforts to obtain and provide intellectual property indemnification for AT&T (or obtain intellectual property indemnification for itself and enforce such indemnification RESTRICTED - PROPRIETARY INFORMATION The information contained herein is for use by authorized employees of AT&T, Amdocs, and their Affiliated Companies, only, and is not for general distribution within those companies or for distribution outside those companies except by written agreement. 100 Contract No. 02026409 Amendment No. 02026409.A.010 on behalf of AT&T) from the suppliers of such Software. [**] under this Agreement, or (ii) [**] types of software products.
Third Party Software Indemnification. In addition, with respect to third party software provided by Supplier pursuant to this ASP Agreement, Supplier covenants that it shall obtain and provide intellectual property indemnification for the Eligible Recipients (or obtain intellectual property indemnification for itself and enforce such indemnification on behalf of the Eligible Recipients) from the suppliers of such software. Unless otherwise approved in advance by Ascension Health, such indemnification shall be (i) comparable to the intellectual property indemnification provided by Supplier to the Eligible Recipients under this ASP Agreement, or (ii) the indemnification available in the industry for the same or substantially similar types of software products.
