By RadiSys Sample Clauses

By RadiSys. RadiSys will defend or settle any suit or proceeding brought against USAT based upon a claim that any Product fumished hereunder or part thereof, alone and not in combination with any other product, constitutes an infringement of any United States patent or copyright provided that: (1) RadiSys is notified promptly in writing of such claim; (ii) RadiSys controls the defense or settlement of the claim; and (Ili) USAT cooperates reasonably, and gives all necessary authority, information and assistance (at RadiSys' expense). RadiSys will pay all damages and costs finally awarded against USAT, but RadiSys will not be responsible for any costs, expenses or compromise incurred or made by USAT without RadiSys' prior written consent. If the use of such Product is permanently enjoined, RadiSys will, in its sole discretion and at its own expense, procure for USAT the fight to continue using said Product, replace same with a non-infringing Product, modify it so that it becomes non-infringing or if RadiSys is unable to reasonably do any of the above, RadiSys will credit USAT the sum paid to RadiSys by USAT for the infringing Product less any depreciation and accept its return. The foregoing requirements of this Section 3.9.1 shall not apply with respect to the Joint Intellectual property,
Sample 1
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By RadiSys. After a Production Release Product is developed, RadiSys may make engineering or manufacturing process changes to the product via RadiSys Engineering Change Order (ECO) process. RadiSys will give USAT notice and/or approval, through ECO process, of any requested changes. RadiSys generally identifies and approves multiple manufacturing sources for individual components, and strives to use the same components on other products. Selection and usage of multi-sourced components is controlled by the engineering organization. Replacing a component with an equivalent component from another PAGE5 Original Copy USAT/RadiSys Confidential manufacturer is not considered an engineering or manufacturing change, and is not tracked.
Sample 1

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