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Enron Mail |
Mark/Travis-
Please let me know if you are comfortable with the attached language to be utilized in the linking agreements, prepared by V&E in accordance with our discussions. Thanks, John John Viverito Phone (713) 345-7814 Fax (713) 646-3490 e-mail John.Viverito@enron.com ----- Forwarded by John Viverito/Corp/Enron on 01/11/2001 06:12 PM ----- "Alderden, Emily" <ealderden@velaw.com< 01/11/2001 05:09 PM To: "'John.Viverito@enron.com'" <John.Viverito@enron.com< cc: Subject: DealBench Linking: Indemnity Language (4©) © In addition to the foregoing, DealBench will defend at its own expense, indemnify and hold harmless Envera from and against any and all liabilities, damages, losses, costs and expenses of any kind (including reasonable attorneys' fees and costs), to the extent arising out of or resulting from any claim brought against Envera by any third party based on an allegation that the DealBench Marks used as permitted under this Agreement infringe any trademarkrights trademark rights of any third party (an "Infringement Claim"), provided that: (i) Envera notifies DealBench promptly (in any event no later than five days from notice) in writing of the claim Infringement Claim; (ii) DealBench has sole control of the defense and all related settlement negotiations and (iii) Envera provides DealBench with assistance, information and authority necessary to perform the above. If any settlement requires any obligation or ongoing liability of Envera other than the payment of money for which Envera will be indemnified hereunder, then such settlement shall require Envera's written consent, which shall not be unreasonably withheld or delayed. The parties acknowledge and agree that any final judgment entered against Envera on an Infringement Claim by a third party, or any amounts required to be paid in settlement of any Infringement Claim by a third party, shall be deemed direct damages of Envera. The foregoing notwithstanding, DealBench shall have no liability for any claim Infringement Claim of infringement based upon any use of the DealBench Marks not expressly authorized under this Agreement. , ++++++CONFIDENTIALITY NOTICE+++++ The information in this email may be confidential and/or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. Thank You
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