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Common use of By Oracle Clause in Contracts

By Oracle. Oracle will defend, at its expense, any legal proceeding brought against Licensee, to the extent it is based on a claim that authorized use of the FCS or subsequent production version(s) of the TCK is an infringement of a third party trade secret or a copyright in a country that is a signatory to the Berne Convention, and will pay all damages awarded by a court of competent jurisdiction, or such settlement amount negotiated by Oracle, attributable to such claim, provided that Licensee: (a) provides written notice of the claim and any such threatened claim promptly to Oracle; (b) gives Oracle sole control of the defense and settlement of the claim; (c) provides to Oracle, at Oracle's expense, all available information, assistance and authority to defend; and (d) has not compromised or settled such proceeding without Oracle's prior written consent.

Appears in 44 contracts

Samples: TCK License Agreement, TCK License Agreement, TCK License Agreement

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By Oracle. Oracle will defend, at its expense, any legal proceeding brought against Licensee, to the extent it is based on a claim that authorized use of the FCS or subsequent production version(s) of the TCK is an infringement of a third party trade secret or a copyright in a country that is a signatory to the Berne Convention, and will pay all damages awarded by a court of competent jurisdiction, or such settlement amount negotiated by Oracle, attributable to such claim, provided that Licensee: (a) provides written notice of the claim and any such threatened claim promptly to Oracle; (b) gives Oracle sole control of the defense and settlement of the claim; (c) provides to Oracle, at Oracle's expense, all available information, assistance and authority to defend; and (d) has not compromised or settled such proceeding without Oracle's prior written consent.the

Appears in 2 contracts

Samples: TCK License Agreement, Stand Alone TCK License Agreement

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By Oracle. Oracle will defend, at its expense, any legal proceeding brought against Licensee, to the extent it is based on a claim that authorized use of the FCS or subsequent production version(s) of the TCK is an infringement of a third party trade secret or a copyright in a country that is a signatory to the Berne Convention, and will pay all damages awarded by a court of competent jurisdiction, or such settlement amount negotiated by Oracle, attributable to such claim, provided that Licensee: (a) provides written notice of the claim and any such threatened claim promptly to Oracle; (b) gives Oracle sole control of the defense and settlement of the claim; (c) provides to Oracle, at Oracle's expense, all available information, assistance and authority to defend; and (d) has not compromised or settled such proceeding without Oracle's prior written consent.

Appears in 1 contract

Samples: TCK License Agreement

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