Article 33 | Indemnification

(1) Scope of Indemnity: Each Alliance Member shall indemnify, defend, and hold harmless OpenBharat.net, the OpenBharat.net Governing Council (OBGC), the Indian Society of Artificial Intelligence and Law (ISAIL), the Secretariat, and their respective officers, convenors, and agents from and against all third-party claims, liabilities, losses, damages, and reasonable legal costs arising out of:

• The Member's material breach of this Charter, the ISAIL AI Principles, or executed Contributor License Agreements (CLAs);

• The Member's infringement or misappropriation of third-party intellectual property, patent rights, or trade secrets through its contributed code, models, datasets, or documentation;

• Any statutory violation of data privacy, digital security, or consumer protection laws committed by the Member in connection with Alliance activities; or

• The Member's gross negligence, willful misconduct, or fraudulent representations during working group participation.

(2) Notice and Defense Procedure:

• The Secretariat shall provide prompt written notice to the indemnifying Member upon receiving formal notice of any covered third-party claim or proceeding.

• The indemnifying Member shall promptly assume control of the defense using competent legal counsel approved by the Secretariat (such approval not to be unreasonably withheld).

• ISAIL and OpenBharat.net reserve the right to participate in the defense with independent counsel at their own expense.

(3) Settlement Restrictions: The indemnifying Member shall not agree to any settlement, consent decree, or compromise that imposes financial liability, programmatic fault, injunctive restrictions, or reputational prejudice upon OpenBharat.net or ISAIL without prior written authorization from the Secretariat.

(4) Survival: The indemnification covenants established under this Article shall survive the expiration, withdrawal, or formal termination of an entity's Alliance Membership.