Common use of By Subscriber Clause in Contracts

By Subscriber. Subscriber shall at its expense indemnify and defend Appian against any claim brought by a third party against Appian alleging that the Data infringes the rights of any third party. Appian shall provide prompt notice of any claim for which defence is sought hereunder and will provide Subscriber with sole control of the defence against any such claim, provided that Subscriber may not enter into a settlement requiring Appian to make payment, take an action, or refrain from acting without Appian’s consent, which shall not be unreasonably withheld, conditioned or delayed.