Except to the extent, Customer is obligated to indemnify Movatic hereunder, Movatic shall defend, at its sole expense, any third party claim, demand or suit against Customer (“Claim”) alleging and/or arising out of the following, and shall indemnify and hold Customer harmless from and against any and all losses, liabilities, damages, fines, penalties, costs, expenses and/or fees (including reasonable attorneys’ fees) incurred by, or awarded or assessed against, Customer in connection with the Claim, or reached through a negotiated settlement of the Claim that Movatic, its employees, or subcontractors were grossly negligent or committed an intentional act that caused injury to a person or damage to property, or failed to comply with any applicable law, statute, regulation or ordinance.