Common use of By McDATA Clause in Contracts

By McDATA. Subject to the provisions of Section 12.4, McDATA agrees, at its expense, to defend, indemnify and hold harmless SUPPLIER and its officers, directors and employees from and against all third party claims, suits and proceedings (i) arising in connection with product liability claims for the Products resulting from McDATA’s design of the Products or due to McDATA’s negligence or willful misconduct; (ii) relating to any breach of a representation or warranty by McDATA hereunder, or (iii) based on any third party claim that the McDATA’s design of the Products infringe or violate any United States patent or trademark, or worldwide trade secret or copyright, and will pay all final judgments awarded or settlements entered into on such claim, proceeding or suit. Notwithstanding the foregoing, McDATA shall not be liable for any claim of infringement to the extent any Product is altered or modified without McDATA’s authorization.

By McDATA. Subject to the provisions of Section 12.4, McDATA agrees, at its expense, to defend, indemnify and hold harmless SUPPLIER hoxx xxxmless SCI and its officers, directors and employees from and against all third party claims, suits and proceedings (i) arising in connection with product liability claims for the Products resulting from McDATA’s 's design of the Products or due to McDATA’s 's negligence or willful misconduct; (ii) relating to any breach of a representation or warranty by McDATA hereunder, or (iii) based on any third party claim that the McDATA’s design of the xxxx xhe Products infringe or violate any United States patent or trademark, or worldwide trade secret or copyright, and will pay all final judgments awarded or settlements entered into on such claim, proceeding or suit. Notwithstanding the foregoing, McDATA shall not be liable for any claim of infringement to the extent any Product is altered or modified without McDATA’s 's authorization.

By McDATA. Subject to the provisions of Section 12.412, McDATA agrees, at its expense, to defend, indemnify and hold harmless SUPPLIER SSCI and its officers, directors and employees from and against all third party claims, suits and proceedings (i) arising in connection with product liability claims for the Products resulting from McDATA’s 's design of the Products or due to McDATA’s 's negligence or willful misconduct; (ii) relating to any breach of a representation or warranty by McDATA hereunder, or (iii) based on any third party claim that the McDATA’s design of the Products infringe or violate any United States patent or trademark, or worldwide trade secret or copyright, and will pay all final judgments awarded or settlements entered into on such claim, proceeding or suit. Notwithstanding the foregoing, McDATA shall not be liable for any claim of infringement to the extent any Product is altered or modified without McDATA’s 's authorization.