The “Vendor” agrees to defend, indemnify and hold the “Customer”, its subsidiaries and affiliates, and all of their respective owners, partners, members, directors, officers, employees and agents, harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs and expenses, including without limitation attorneys’ fees arising out of (i) any breach by the regulation, method, procedure. “Vendor” (including its employees and agents) of this “Agreement”, or of its representations and warranties set forth herein; (ii) infringement related to the use of the “Product”; and (iii) the failure of the “Product” to perform properly.