Common use of Claims Brought Against Prime Contractor Clause in Contracts

Claims Brought Against Prime Contractor. SAP shall defend (at its sole expense) Prime Contractor against claims brought against Prime Contractor by any third party alleging that Prime Contractor’s pass-on of the Deliverable, in accordance with the terms and conditions of the Agreement, constitutes an infringement or misappropriation of a patent claim(s), copyright, or trade secret rights. SAP will indemnify Prime Contractor against all damages finally awarded by a court of competent jurisdiction against Prime Contractor (or the amount of any settlement SAP enters into) with respect to such claims. This obligation of SAP shall not apply if the alleged infringement or misappropriation results from: (a) use of the Deliverable in conjunction with any other software, services, or any product, data or apparatus that SAP did not provide; or (b) anything Prime Contractor or Customer provides including configurations, instructions or specifications; (c) a modification of the Deliverable by Prime Contractor or Customer or by a third party on behalf of Prime Contractor or (d) any use not permitted by the Agreement.

Claims Brought Against Prime Contractor. SAP shall defend (at its sole expense) Prime Contractor against claims brought against Prime Contractor by any third party alleging that Prime Contractor’s pass-on of the Deliverable, in accordance with the terms and conditions of the Agreement, constitutes an infringement or misappropriation of a patent claim(s), copyright, or trade secret rights. SAP XXX will indemnify Prime Contractor against all damages finally awarded by a court of competent jurisdiction against Prime Contractor (or the amount of any settlement SAP enters into) with respect to such claims. This obligation of SAP shall not apply if the alleged infringement or misappropriation results from: (a) use of the Deliverable in conjunction with any other software, services, or any product, data or apparatus that SAP did not provide; or (b) anything Prime Contractor or Customer provides including configurations, instructions or specifications; (c) a modification of the Deliverable by Prime Contractor or Customer or by a third party on behalf of Prime Contractor or (d) any use not permitted by the Agreement.

Claims Brought Against Prime Contractor. SAP shall defend (at its sole expense) Prime Contractor against claims brought against Prime Contractor by any third party alleging that Prime Contractor’s pass-on of the Deliverable, in accordance with the terms and conditions of the Agreement, constitutes an infringement or misappropriation of a patent claim(s), copyright, or trade secret rights. SAP will indemnify pay Prime Contractor against all damages finally awarded by a court of competent jurisdiction against Prime Contractor (or the amount of any settlement SAP enters into) with respect to such claims. This obligation of SAP shall not apply if the alleged infringement or misappropriation results from: (a) use of the Deliverable in conjunction with any other software, services, or any product, data or apparatus that SAP did not provide; or (b) anything Prime Contractor or Customer provides including configurations, instructions or specifications; (c) a modification of the Deliverable by Prime Contractor or Customer or by a third party on behalf of Prime Contractor or (d) any use not permitted by the Agreement.

Claims Brought Against Prime Contractor. SAP shall defend (at its sole expense) Prime Contractor against claims brought against Prime Contractor by any third party alleging that Prime Contractor’s pass-pass- on of the Deliverable, in accordance with the terms and conditions of the AgreementGTC, constitutes an infringement or misappropriation of a patent claim(s), copyright, or trade secret rights. SAP will indemnify Prime Contractor against all damages finally awarded by a court of competent jurisdiction against Prime Contractor (or the amount of any settlement SAP enters into) with respect to such claims. This obligation of SAP shall not apply if the alleged infringement or misappropriation results from: (a) use of the Deliverable in conjunction with any other software, services, or any product, data or apparatus that SAP did not provide; or (b) anything Prime Contractor or Customer provides including configurations, instructions or specifications; (c) a modification of the Deliverable by Prime Contractor or Customer or by a third party on behalf of Prime Contractor or (d) any use not permitted by the AgreementGTC.