1. To the fullest extent permitted by law, VIDIZMO will indemnify, hold harmless and defend Customer, its successors, assigns and its affiliates (including their employees, officers, directors, and agents) from and against any losses, liabilities, actions, damages, expenses, costs, penalties, fines, fees (including reasonable attorneys’ fees) incurred by any of them, that arise out of, result from, or are caused by
- VIDIZMO’s breach of any of its obligations under this Agreement,
- VIDIZMO’s breach of any of its representations or warranties in this Agreement,
- any act or omission on the part of VIDIZMO in connection with or resulting from its performance or failure to perform its obligations under this Agreement, or
- any infringement, or claim of infringement of any trade secret, patent, trademark, copyright or other proprietary interest of any third party relating to VIDIZMO’s performance under this Agreement and/or materials furnished to Customer.
This indemnity shall survive the delivery of, inspection of, acceptance of, and payment for, the Services as well as the expiration or termination of this Agreement.