Examples of Third Party Actions in a sentence
Availability will be calculated by dividing the total number of minutes of Uptime (defined below) during the applicable calendar month by the total number of minutes in such month, minus minutes of Cisco Umbrella Service Outages (defined below) occurring due to scheduled maintenance and attributable to Third Party Actions (defined below), and multiplying that amount by 100.
If the Indemnifying Party has timely disputed its liability with respect to such claim or the estimated amount of Damages, the dispute shall be resolved, and the amount, if any, of Damages payable by the Indemnifying Party to the Indemnified Party (a “Resolved Indemnity Amount”) shall be determined, in accordance with Section 11.6. The provisions of this Section 10.3 do not apply to Third Party Actions.
Consultant shall indemnify, hold harmless, and defend Denver Water from and against any and all Losses based upon, relating to, or arising from any and all Third Party Actions relating to or resulting from this Agreement or any Services provided by Consultant pursuant to this Agreement.
Consultant shall indemnify, defend, and hold Denver Water harmless from and against any and all Losses based upon, relating to or arising from any and all Third Party Actions alleging that the Services and/or Deliverables misappropriate, infringe and/or violate (and/or that Denver Water’s use of the Services and/or Deliverables in accordance with the terms of this Agreement constitutes a misappropriation, infringement, and/or violation of) any Intellectual Property Right of any Third Party.
The Parties agree that this Article VIII applies with respect to Third Party Actions only from and after the Closing.