Distributor shall defend and indemnify Provider and Provider’s Indemnified Associates against any “Indemnified Claim,” meaning a third party claim, suit, or proceeding arising out of, related to, or alleging an injury caused by or involving a Distributor product or service, including without limitation product liability claims. However, Indemnified Claims do not include any claim, suit, or proceeding to the extent that it arises out of, relates to, or alleges (a) intellectual property infringement by Provider Software or (b) an injury caused by Provider Software’s failure to conform to its documentation or specifications provided or published by Provider. For the avoidance of doubt, Indemnified Claims do include claims related to injuries caused by Provider Software’s failure to perform as represented by Distributor but not by Provider Software’s documentation or specifications provided or published by Provider. Indemnified Claims also include, without limitation, government enforcement actions.
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Customer shall defend and indemnify Provider and Provider’s Indemnified Associates against any “Indemnified Claim,” meaning any third party claim, suit, or proceeding arising out of, related to, or alleging injuries connected to Customer’s High Risk Operation (as defined in Section __). INDEMNIFIED CLAIMS INCLUDE, WITHOUT LIMITATION, CLAIMS ARISING OUT OF, RELATED TO, OR ALLEGING PROVIDER’S NEGLIGENCE, as well as government enforcement actions.