THE NEW SMOKER

The order or request for all advertisements shall be deemed to be a representation to the Publisher by the agency and advertiser that they are properly authorized to publish the entire contents and subject matter thereof. It is also understood that when advertisements containing the names, pictures, and/or testimonials of persons, whether living or dead are submitted for publication, the order or request for such publication shall be deemed to be a representation by the agency and advertiser of publication of an advertisement, the agency and advertiser, jointly and severally, agrees that they shall indeminify and save the Publisher, its offers, agents, and employees harmless from and against all damages, losses, liabilities, and expenses whatsoever, including but not limited to, (i) reasonable fees of counsel selected by the Publisher and (ii) losses a) resulting from the acceptance of any advertisement, b) resulting from any delays in publication, c) resulting from all claims, demands, suits, actions, or proceedings arising directly or indirectly from the publication of any advertisement (including, but not limited to, claims or suits for libel, infringement of copyright or trademark, unfair competition, plagiarism, or violation of right of privacy), or d) based upon or arising out of any matter contained in any advertisement. The provisions of this paragraph will survive the termination of the Agreement.