Common use of Claims relating to Intellectual Property Rights Clause in Contracts

Claims relating to Intellectual Property Rights. 31.1. The Service Provider must not infringe any Intellectual Property Rights of any third party in providing the Services or otherwise performing its obligations under the Contract and must ensure that the provision of the Services and the use or possession of the Deliverables does not infringe such Intellectual Property Rights. 31.2. The Service Provider must promptly notify the Purchaser if any claim or demand is made or action brought against the Service Provider for infringement or alleged infringement of any Intellectual Property Right which may affect the use or possession of the Deliverables or which may affect the provision of the Services. 31.3. Where a claim to which this clause applies is made, the Service Provider must, at its expense, use its best endeavours to: 31.3.1. modify the Services or Deliverables or substitute alternative Services or Deliverables (in any case without reducing performance or functionality) so as to avoid the infringement or alleged infringement of the Intellectual Property Rights; or 31.3.2. procure the grant of a licence or licences from the pursuer, claimant or complainer, on terms acceptable to the Purchaser, so as to avoid the infringement or alleged infringement of the Intellectual Property Rights of the pursuer, claimant or complainer. 31.4. The Service Provider must not without the consent of the Purchaser make any admissions which may be prejudicial to the defence or settlement of any claim to which this clause applies.

Appears in 43 contracts

Samples: Services Contract, Framework Agreement, Framework Agreement

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Claims relating to Intellectual Property Rights. 31.129.1. The Service Provider Contractor must not infringe any Intellectual Property Rights of any third party in providing the Services Goods and related services or otherwise performing its obligations under the Contract Framework Agreement and must ensure that the provision of the Services Goods and related services and the use or possession of the Deliverables does not infringe such Intellectual Property Rights. 31.229.2. The Service Provider Contractor must promptly notify the Purchaser Authority if any claim or demand is made or action brought against the Service Provider Contractor for infringement or alleged infringement of any Intellectual Property Right which may affect the use or possession of the Deliverables or which may affect the provision of the ServicesGoods and related services. 31.329.3. Where a claim to which this clause applies is made, the Service Provider Contractor must, at its expense, use its best endeavours to: 31.3.129.3.1. modify the Services Goods and related services or Deliverables or substitute alternative Services Goods and related services or Deliverables (in any case without reducing performance or functionality) so as to avoid the infringement or alleged infringement of the Intellectual Property Rights; or 31.3.229.3.2. procure the grant of a licence or licences from the pursuer, claimant or complainer, on terms acceptable to the PurchaserAuthority, so as to avoid the infringement or alleged infringement of the Intellectual Property Rights of the pursuer, claimant or complainer. 31.429.4. The Service Provider Contractor must not without the consent of the Purchaser Authority make any admissions which may be prejudicial to the defence or settlement of any claim to which this clause applies.

Appears in 13 contracts

Samples: Framework Agreement, Framework Agreement, Framework Agreement

Claims relating to Intellectual Property Rights. 31.1. 31.1 The Service Provider must not infringe any Intellectual Property Rights of any third party in providing the Services or otherwise performing its obligations under the Contract and must ensure that the provision of the Services and the use or possession of the Deliverables does not infringe such Intellectual Property Rights. 31.2. 31.2 The Service Provider must promptly notify the Purchaser if any claim or demand is made or action brought against the Service Provider for infringement or alleged infringement of any Intellectual Property Right which may affect the use or possession of the Deliverables or which may affect the provision of the Services. 31.3. 31.3 Where a claim to which this clause applies is made, the Service Provider must, at its expense, use its best endeavours to: 31.3.1. modify the Services or Deliverables or substitute alternative Services or Deliverables (in any case without reducing performance or functionality) so as to avoid the infringement or alleged infringement of the Intellectual Property Rights; or 31.3.2. procure the grant of a licence or licences from the pursuer, claimant or complainer, on terms acceptable to the Purchaser, so as to avoid the infringement or alleged infringement of the Intellectual Property Rights of the pursuer, claimant or complainer. 31.4. The Service Provider must not without the consent of the Purchaser make any admissions which may be prejudicial to the defence or settlement of any claim to which this clause applies.

Appears in 5 contracts

Samples: Framework Agreement, Framework Agreement, Framework Agreement

Claims relating to Intellectual Property Rights. 31.1. 29.1 The Service Provider must not infringe any Intellectual Property Rights of any third party in providing the Services or otherwise performing its obligations under the Contract Framework Agreement and must ensure that the provision of the Services and the use or possession of the Deliverables does not infringe such Intellectual Property Rights. 31.2. 29.2 The Service Provider must promptly notify the Purchaser Authority if any claim or demand is made or action brought against the Service Provider for infringement or alleged infringement of any Intellectual Property Right which may affect the use or possession of the Deliverables or which may affect the provision of the Services. 31.3. 29.3 Where a claim to which this clause applies is made, the Service Provider must, at its expense, use its best endeavours to: 31.3.1. 29.3.1 modify the Services or Deliverables or substitute alternative Services or Deliverables (in any case without reducing performance or functionality) so as to avoid the infringement or alleged infringement of the Intellectual Property Rights; or 31.3.2. 29.3.2 procure the grant of a licence or licences from the pursuer, claimant or complainer, on terms acceptable to the PurchaserAuthority, so as to avoid the infringement or alleged infringement of the Intellectual Property Rights of the pursuer, claimant or complainer. 31.4. 29.4 The Service Provider must not without the consent of the Purchaser Authority make any admissions which may be prejudicial to the defence or settlement of any claim to which this clause applies.

Appears in 2 contracts

Samples: Framework Agreement, Framework Agreement

Claims relating to Intellectual Property Rights. 31.129.1. The Service Provider Contractor must not infringe any Intellectual Property Rights of any third party in providing the Goods & related Services or otherwise performing its obligations under the Contract Framework Agreement and must ensure that the provision of the Goods & related Services and the use or possession of the Deliverables does not infringe such Intellectual Property Rights. 31.229.2. The Service Provider Contractor must promptly notify the Purchaser Authority if any claim or demand is made or action brought against the Service Provider Contractor for infringement or alleged infringement of any Intellectual Property Right which may affect the use or possession of the Deliverables or which may affect the provision of the Goods & related Services. 31.329.3. Where a claim to which this clause applies is made, the Service Provider Contractor must, at its expense, use its best endeavours to: 31.3.129.3.1. modify the Goods & related Services or Deliverables or substitute alternative Goods & related Services or Deliverables (in any case without reducing performance or functionality) so as to avoid the infringement or alleged infringement of the Intellectual Property Rights; or 31.3.229.3.2. procure the grant of a licence or licences from the pursuer, claimant or complainer, on terms acceptable to the PurchaserAuthority, so as to avoid the infringement or alleged infringement of the Intellectual Property Rights of the pursuer, claimant or complainer. 31.429.4. The Service Provider Contractor must not without the consent of the Purchaser Authority make any admissions which may be prejudicial to the defence or settlement of any claim to which this clause applies.

Appears in 1 contract

Samples: Framework Agreement

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Claims relating to Intellectual Property Rights. 31.1. The Service Provider must not infringe any Intellectual Property Rights of any third party in providing the Services or otherwise performing its obligations under the Contract and must ensure that the provision of the Services and the use or possession of the Deliverables D eliverables does not infringe such Intellectual Property Rights. 31.2. The Service Provider must promptly notify the Purchaser if any claim or demand is made or action brought against the Service Provider for infringement or alleged infringement of any Intellectual Property Right which may affect the use or possession of the Deliverables or which may affect the provision of the Services. 31.3. Where a claim to which this clause applies is made, the Service Provider must, at its expense, use its best endeavours to: 31.3.1. modify the Services or Deliverables or substitute alternative Services or Deliverables (in any case without reducing performance or functionality) so as to avoid the infringement or alleged infringement of the Intellectual Property RightsRig hts; or 31.3.2. procure the grant of a licence or licences from f rom the pursuer, claimant or complainer, on terms acceptable to the Purchaser, so as to avoid the infringement or alleged infringement of the Intellectual Property Rights of the pursuer, claimant or complainer. 31.4. The Service Provider must not without the consent of the Purchaser make any admissions which may be prejudicial to the defence or settlement of any claim to which this clause c xxxxx applies.

Appears in 1 contract

Samples: Services Contract

Claims relating to Intellectual Property Rights. 31.1. The Service Provider must not infringe any Intellectual Property Rights of any third party in providing the Services or otherwise performing its obligations under the Contract and must ensure that the provision provis ion of the Services and the use or possession of the Deliverables does not infringe such Intellectual Property Rights. 31.2. The Service Provider must promptly notify the Purchaser if any claim or demand is made or action brought against the Service Provider for infringement or alleged infringement of any Intellectual Property Right which may affect the use or possession of the Deliverables or which may affect the provision of the Services. 31.3. Where a claim to which this clause applies is made, the Service Provider must, at its expense, use its best endeavours to: 31.3.1. modify the Services or Deliverables or substitute alternative Services or Deliverables (in any case without reducing performance or functionality) so as to avoid the infringement or alleged infringement of the Intellectual Property Rights; or 31.3.2. procure the grant of a licence or licences from the pursuer, claimant or complainer, on terms acceptable to the Purchaser, so as to avoid the infringement or alleged infringement of the Intellectual Property Rights of the pursuer, claimant or complainer. 31.4. The Service Provider must not without the consent of the Purchaser make any admissions which may be prejudicial to the defence or settlement of any claim to which this clause applies.

Appears in 1 contract

Samples: Framework Agreement

Claims relating to Intellectual Property Rights. 31.1. 30.1 The Service Provider Contractor must not infringe any Intellectual Property Rights of any third party in providing the Services or otherwise performing its obligations under the Contract and must ensure that the provision of the Services and the use or possession of the Deliverables does not infringe such Intellectual Property Rights. 31.2. 30.2 The Service Provider Contractor must promptly notify the Purchaser if any claim or demand is made or action brought against the Service Provider Contractor for infringement or alleged infringement of any Intellectual Property Right which may affect the use or possession of the Deliverables or which may affect the provision of the Services. 31.3. 30.3 Where a claim to which this clause applies is made, the Service Provider Contractor must, at its i ts expense, use its best endeavours to: 31.3.1. 30.3.1 modify the Services or Deliverables or substitute alternative Services or Deliverables (in any case without reducing performance or functionality) so as to avoid the infringement or alleged infringement of the Intellectual Property Rights; or 31.3.2. 30.3.2 procure the grant of a licence or licences from the pursuer, claimant or complainer, on terms acceptable to the Purchaser, so as to avoid the infringement or alleged infringement of the Intellectual Property Rights of the pursuer, claimant or complainer. 31.4. 30.4 The Service Provider Contractor must not without the consent of the Purchaser make any admissions which may be prejudicial to the defence or settlement of any claim to which this clause c xxxxx applies.

Appears in 1 contract

Samples: Framework Agreement

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