Common use of Duty to Defend and Indemnify Clause in Contracts

Duty to Defend and Indemnify. Except as provided in Section 18.2 below, CLIENT agrees to defend, hold harmless and indemnify D&K and its affiliates, and its and their agents, directors, officers and employees (“Indemnitees”) from and against any liability or expense (including reasonable legal expenses and attorneys' fees) (collectively, “Losses”) resulting from suits, claims, actions and demands, in each case brought by a third party (each, a “Third-Party Claim”) arising out of (a) the breach by CLIENT of any of the provisions of this Agreement, (b) personal injury or property damage to the extent based on the strict liability of, or caused by any negligent act, error or omission of, CLIENT or any of its employees, subcontractors or agents, (c) the use of the CLIENT's products by third parties, and (d) infringement of the intellectual property rights of third parties, including patent, copyright and trade secret rights, in connection with the Deliverables supplied under this Agreement.