Common use of Nature of Indemnification Clause in Contracts

Nature of Indemnification. FARO shall indemnify, defend and hold harmless the COMPANY from and against all liability or expense of any kind arising out of or relating to any claim, demand or action against the COMPANY alleging that the PRODUCTS or any portion thereof as furnished under this agreement and used within the scope of the license hereunder infringes any third party rights in copyright or issued patent or the trade secret rights of any third party, provided that the COMPANY promptly gives written notice of the claim, demand or action to FARO and permits FARO to control the defense of and settlement of such claim, demand or action either in FARO'S for the COMPANY'S name (at FARO'S option).