Common use of By Windward Clause in Contracts

By Windward. Windward agrees to defend Licensee from and against any third party claims alleging that the Software or Documentation as furnished to Licensee and used within the scope of this Agreement infringes any U.S. patent issued as of the Effective Date, or any copyright, trademark or is a misappropriation of any trade secret of such third party and Windward will pay all final judgments awarded or settlements entered into on such claims. The foregoing indemnity obligation shall not extend to any claims of infringement arising out of or related to (i) a modification of the Software or Documentation by anyone other than Windward or its duly authorized agent; (ii) the incorporation into the Software or Documentation of any information provided by or requested by Licensee;

By Windward. Windward Xxxxxxxx agrees to defend Licensee from and against any third party claims alleging that the Software or Documentation as furnished to Licensee and used within the scope of this Agreement infringes any U.S. patent issued as of the Effective Date, or any copyright, trademark or is a misappropriation of any trade secret of such third party and Windward will pay all final judgments awarded or settlements entered into on such claims. The foregoing indemnity obligation shall not extend to any claims of infringement arising out of or related to (i) a modification of the Software or Documentation by anyone other than Windward or its duly authorized agent; (ii) the incorporation into the Software or Documentation of any information provided by or requested by Licensee;

By Windward. Windward Xxxxxxxx agrees to defend Licensee Company from and against any third party claims alleging that the Software or Documentation as furnished to Licensee Company and used within the scope of this Agreement infringes any U.S. patent issued as of the Effective Date, or any copyright, trademark or is a misappropriation of any trade secret of such third party and Windward will pay all final judgments awarded or settlements entered into on such claims. The foregoing indemnity obligation shall not extend to any claims of infringement arising out of or related to (i) a modification of the Software or Documentation by anyone other than Windward or its duly authorized agent; or (ii) the incorporation into the Software or Documentation of any information provided by or requested by LicenseeCompany;