6. INDEMNIFICATION
6.1 ICBCTL hereby agrees to indemnify, defend and hold the Bank harmless from and against any and all liabilities, claims, demands, costs, damages, losses, and causes of action (collectively "Claims") arising out of or relating to the failure to perform the Services under this Agreement by ICBCTL, except to the extent that all claims ariss from the gross negligence, fraud or wilful default or misconduct of the Bank.
6.2 The Bank agrees to indemnify, defend and hold ICBCTL’ s harmless from and against all Claims arising out of or relating to, directly or indirectly, any failure by the Bank to perform any of its duties, obligations or liabilities under this Agreement.
6.3 Any party seeking indemnification under this Agreement shall give a written notice to the other party of any suit, claim or loss for which the party seeks indemnification.