Common use of By Alien Clause in Contracts

By Alien. Alien shall indemnify, defend and hold harmless Impinj from and against any and all claims, actions, losses, liabilities, damages, costs and expenses (including but not limited to reasonable attorneys’ fees and costs, but excluding any Product IP Claim) to the extent based on a claim that (i) any strap or inlay product from Alien incorporating any Product (but not if Monza or Monza-2, as applicable, alone would have infringed the same Intellectual Property Rights without the strap or inlay product from Alien); (ii) Impinj’s compliance with Alien’s specifications; (iii) any combination with, addition to, or modification of the Products after delivery by Impinj to Alien; or (iv) the FSA Intellectual Property; infringes or misappropriates any third party Intellectual Property Rights.