Common use of By Source Clause in Contracts

By Source. In the event any claim is brought by third party against KRF that relates to, arises out of or is based upon the Source Services or the failure of Source to comply with any law, rule or regulation, KRF shall promptly notify Source, and Source shall defend such claim at Source's expense and under Source's control. Source shall indemnify and hold harmless KRF against any judgment, liability, loss, cost or damage (including litigation costs and reasonable attorneys' fees) arising from or related to such claim whether or not such claim is successful. KRF shall have the right, at its expense, to participate in the defense of such claim through counsel of its own choosing; provided, however, that Source shall not be required to pay any settlement amount that it has not approved in advance.

By Source. In the event any claim is brought by a third party against KRF that relates to, arises out of or is based upon the Source Services or the failure of Source to comply with any law, rule or regulation, KRF shall promptly notify Source, and Source shall defend such claim at Source's expense and under Source's control. Source shall indemnify and hold harmless KRF against any judgment, liability, loss, cost or damage (including litigation costs and reasonable attorneys' fees) arising from or related to such claim whether or not such claim is successful. KRF shall have the right, at its expense, to participate in the defense of such claim through counsel of its own choosing; provided, however, that Source shall not be required to pay any settlement amount that it has not approved in advance.