Common use of Administration of Patent and Copyright Indemnity Claims Clause in Contracts

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or begun against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer will (i) forthwith notify the Seller, giving particulars thereof; (ii) furnish to the Seller all data, papers and records within the Buyer’s control or possession relating to such patent or claim; (iii) refrain from admitting any liability or making any payment, or assuming any expenses, damages, costs or royalties, or otherwise acting in a manner prejudicial to the defense or denial of the suit or claim, it being agreed that nothing in this Clause 13.2.1(iii) will prevent the Buyer from paying the sums that may be required to obtain the release of the Aircraft, provided that payment is accompanied by a denial of liability and is made without prejudice; (iv) fully cooperate with, and render all assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim; and (v) act to mitigate damages and/or to reduce the amount of royalties that may be payable, and act to minimize costs and expenses. 13.2.2.1 The Seller will be entitled either in its own name or on behalf of the Buyer to conduct negotiations with the party or parties alleging infringement and may assume and conduct the defense or settlement of any suit or claim in the manner that, in the Seller’s opinion, it deems proper.

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or begun commenced against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer willshall : (i) forthwith notify the Seller, Seller giving particulars thereof; (ii) furnish to the Seller all data, papers and records within the Buyer’s 's control or possession relating to such patent or claim; (iii) refrain from admitting any liability or making any payment, payment or assuming any expenses, damages, costs or royalties, royalties or otherwise acting in a manner prejudicial to the defense or denial of the such suit or claim, it being agreed claim provided always that nothing in this sub-Clause 13.2.1(iii(iii) will shall prevent the Buyer from paying the such sums that as may be required in order to obtain the release of the Aircraft, provided that such payment is accompanied by a denial of liability and is made without prejudice; (iv) fully cooperate co-operate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim; andclaim ; (v) act in such a way as to mitigate damages and/or and / or to reduce the amount of royalties that which may be payable, and act payable as well as to minimize minimise costs and expenses. 13.2.2.1 13.2.2 The Seller will shall be entitled either in its own name or on behalf of the Buyer to conduct negotiations with the party or parties alleging infringement and may assume and conduct the defense or settlement of any suit or claim in the manner thatwhich, in the Seller’s 's opinion, it deems proper.. *** This information is subject to confidential treatment and has been omitted and filed separately with the Commission. A319/A320 – CSN – 01/04 CC-C 3370036/02

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or begun commenced against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer willshall: (i) forthwith notify the Seller, Seller giving particulars thereof; (ii) furnish to the Seller all data, papers and records within the Buyer’s 's control or possession relating to such patent or claim; (iii) refrain from admitting any liability or making any payment, payment or assuming any expenses, damages, costs or royalties, royalties or otherwise acting in a manner prejudicial to the defense or denial of the such suit or claim, it being agreed claim provided always that nothing in this sub-Clause 13.2.1(iii(iii) will shall prevent the Buyer from paying the such sums that as may be required in order to obtain the release of the Aircraft, provided that such payment is accompanied by a denial of liability and is made without prejudice; (iv) fully cooperate co-operate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim; and; (v) act in such a way as to mitigate damages and/or and / or to reduce the amount of royalties that which may be payable, and act payable as well as to minimize minimise costs and expenses. 13.2.2.1 13.2.2 The Seller will shall be entitled either in its own name or on behalf of the Buyer to conduct negotiations with the party or parties alleging infringement and may assume and conduct the defense or settlement of any suit or claim in the manner thatwhich, in the Seller’s 's opinion, it deems proper. 13.2.3 The Seller's liability hereunder shall be conditional upon the strict and timely compliance by the Buyer with the terms of this Clause.

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or begun commenced against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer will: (i) forthwith notify the Seller, Seller giving particulars thereof; (ii) furnish to the Seller all data, papers and records within the Buyer’s control or possession relating to such patent or claim; (iii) refrain from admitting any liability or making any payment, payment or assuming any expenses, damages, costs or royalties, royalties or otherwise acting in a manner prejudicial to the defense or denial of the such suit or claim, it being agreed claim provided always that nothing in this sub-Clause 13.2.1(iii(iii) will prevent the Buyer from paying the such sums that as may be required in order to obtain the release of the Aircraft, provided that such payment is accompanied by a denial of liability and is made without prejudice; (iv) fully cooperate co-operate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim; and; (v) act in such a way as to mitigate damages and/or to damages, costs and expenses and / or reduce the amount of royalties that which may be payable, and act to minimize costs and expenses. 13.2.2.1 13.2.2 The Seller will be entitled either in its own name or on behalf of the Buyer to conduct negotiations with the party or parties alleging infringement and may assume and conduct the defense or settlement of any suit or claim in the manner thatwhich, in the Seller’s opinion, it deems proper.

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or begun against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer will (i) forthwith notify the Seller, giving particulars thereof; (ii) furnish to the Seller all data, papers and records within the Buyer’s control or possession relating to such patent or claim; (iii) refrain from admitting any liability or making any payment, or assuming any expenses, damages, costs or royalties, or otherwise acting in a manner prejudicial to the defense or denial of the suit or claim, it being agreed that nothing in this Clause 13.2.1(iii) will prevent the Buyer from paying the sums that may be required to obtain the release of the Aircraft, provided that payment is accompanied by a denial of liability and is made without prejudice; (iv) fully cooperate with, and render all assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim; and (v) act to mitigate damages and/or to reduce the amount of royalties that may be payable, and act to minimize costs and expenses. 13.2.2.1 The Seller will be entitled either in its own name or on behalf of the Buyer to conduct negotiations with the party or parties alleging infringement and may assume and conduct the defense or settlement of any suit or claim in the manner that, in the Seller’s opinion, it deems proper.