Common use of By Nortel Networks Clause in Contracts

By Nortel Networks. Except as otherwise provided in this Section 13, Nortel Networks shall, at its expense and at Flextronics’ request, indemnify and defend Flextronics against any claim or action brought against Flextronics by a third party to the extent that such claim is based on an assertion that Flextronics’ activities as part of the Services infringe, directly as a result of Flextronics’ compliance with instructions by Nortel Networks to Flextronics relating to an Order under this Agreement, infringes any patent, copyright or trademark, or violates any trade secret or other proprietary right of a third party. Nortel Networks shall pay any pre-judgment and pre-settlement costs as wxxxx as any resulting costs and damages finally awarded against Flextronics or agreed to in any settlement, and Flextronics’ reasonable attorneys’ or patent agent’s or other expert’s fees incurred in connection therewith, provided that (i) Flextronics promptly notifies Nortel Networks in writing of any such claim, (ii) Nortel Networks has sole control of the defense and all related settlement negotiations, and (iii) Flextronics reasonably cooperates, at Nortel Networks’ cost, in the defense and furnishes all related evidence under its control. Notwithstanding the foregoing, Nortel Networks shall have no liability under Section 13.1 to the extent the alleged infringement or violation:

By Nortel Networks. Except as otherwise provided in this Section 1315, Nortel Networks shall, at its expense and at Flextronics’ Flextronics ‘s request, indemnify and defend Flextronics against any claim or action brought against Flextronics by a third party to the extent that such claim is based on an assertion that Flextronics’ Flextronics ‘s activities as part of the Production Effort or Services infringe, directly as a result of Flextronics’ Flextronics ‘s compliance with instructions the Specifications or directions by Nortel Networks to Flextronics relating to an Order a Product for use under this Agreement, infringes any patent, copyright or trademark, or violates any trade secret or other proprietary right of a third party. Nortel Networks shall pay any pre-judgment and pre-settlement costs as wxxxx as any resulting costs and damages finally awarded against Flextronics or agreed to in any settlement, and Flextronics’ Flextronics ‘s reasonable attorneys’ or patent agent’s or other expert’s fees incurred in connection therewith, provided that (i) Flextronics promptly notifies Nortel Networks in writing of any such claim, (ii) Nortel Networks has sole control of the defense defence and all related settlement negotiations, and (iii) Flextronics reasonably cooperates, at Nortel Networks’ cost, in the defense defence and furnishes all related evidence under its control. Notwithstanding the foregoing, Nortel Networks shall have no liability under Section 13.1 15.1 to the extent the alleged infringement or violation:

By Nortel Networks. Except as otherwise provided in this Section 1315, Nortel Networks shall, at its expense and at Flextronics’ ’s request, indemnify and defend Flextronics against any claim or action brought against Flextronics by a third party to the extent that such claim is based on an assertion that Flextronics’ ’s activities as part of the Production Effort or Services infringe, directly as a result of Flextronics’ ’s compliance with instructions the Specifications or directions by Nortel Networks to Flextronics relating to an Order a Product for use under this Agreement, infringes any patent, copyright or trademark, or violates any trade secret or other proprietary right of a third party. Nortel Networks shall pay any pre-judgment and pre-settlement costs as wxxxx as any resulting costs and damages finally awarded against Flextronics or agreed to in any settlement, and Flextronics’ ’s reasonable attorneys’ or patent agent’s or other expert’s fees incurred in connection therewith, provided that (i) Flextronics promptly notifies Nortel Networks in writing of any such claim, (ii) Nortel Networks has sole control of the defense defence and all related settlement negotiations, and (iii) Flextronics reasonably cooperates, at Nortel Networks’ cost, in the defense defence and furnishes all related evidence under its control. Notwithstanding the foregoing, Nortel Networks shall have no liability under Section 13.1 15.1 to the extent the alleged infringement or violation: