You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that GitHub (1) promptly gives you written notice of the claim, demand, suit or proceeding. (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases GitHub of all liability). and (3) provides to you all reasonable assistance, at your expense.</p>
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Previous Analysis: “You shall defend GitHub against any claim, demand, suit or proceeding made or brought against GitHub by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify GitHub for any damages finally awarded against, and for reasonable attorney’s fees incurred by, GitHub in connection with any such claim, demand, suit or proceeding; provided, that GitHub (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases GitHub of all liability); and (c) provides to You all reasonable assistance, at Your expense. ”
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