Status-Based Mutual Indemnity, Data Breach
Each party (“Indemnitor”) shall defend and indemnify the other party (“Indemnified Party”) and its Indemnified Associates (as defined _____) against any third party claim, suit, or proceeding arising out of, related to, or alleging unauthorized disclosure or exposure of personally identifiable information from Indemnitor’s or its contractor’s computers.
- The examples in this clause box are not complete! Its replaces the first sentence of the clause box in Subchapter 1 above. If you use this example, be sure to include the rest of the language from the Subchapter 1 clause box including the definition of “Indemnified Associates”.Subchapter 2 above discusses terms similar to this clause box. It suggests an indemnity based on the vendor/indemnitor’s status as the operator of computers that leaked data. That’s status-based, though the text of Subchapter 2 doesn’t use that term, except in footnote 31.