Combinations and Modifications. Contractor shall have no liability under this Article 19 for any Intellectual Property Claim arising solely from: (i) use of any Deliverable Item in combination with other items not provided by Contractor or its suppliers or subcontractors; or (ii) MSV’s modification of the Deliverable Item, except where such modification was made by or for MSV due to Contractor’s failure to perform a contractual obligation.
Appears in 2 contracts
Samples: Skyterra Communications Inc, Skyterra Communications Inc
Combinations and Modifications. Contractor shall have no liability under this Article 19 for any Intellectual Property Claim arising solely from: from (i) use of any Deliverable Item in combination with other items not provided provided, recommended, or approved by Contractor or its suppliers or subcontractors; (except for combinations within the scope of the intended use of the Deliverable Items known to Contractor), where the infringement claim would not have arisen but for such combined use, or (ii) MSV’s modification modifications of the any Deliverable Item, except where such modification was made Item after Delivery by a person or for MSV due entity other than Contractor unless authorized by written directive or instructions furnished by Contractor to Contractor’s failure to perform a contractual obligationPurchaser under this Contract.
Appears in 2 contracts
Samples: Hughes Network Systems, LLC, Hughes Communications, Inc.
Combinations and Modifications. Contractor shall have no liability under this Article 19 17 for any Intellectual Property Claim arising solely from: from (i) use of any Deliverable Item in combination with other items not provided provided, recommended, or approved by Contractor or its suppliers or subcontractors; Contractor, or (ii) MSV’s modification modifications of any Deliverable Item after Delivery by a person or entity other than Contractor unless authorized by written directive or instructions furnished by Contractor to Purchaser under this Contract or (iii) the manufacture, delivery or use of any Deliverable ItemItem in compliance with the design, except where such modification was made by specification or for MSV due to Contractor’s failure to perform a contractual obligationinstructions of Purchaser.
Appears in 2 contracts
Samples: Confidential Treatment (Satelites Mexicanos Sa De Cv), Confidential Treatment (Satelites Mexicanos Sa De Cv)
Combinations and Modifications. Contractor shall have no liability under this Article 19 Section 14.4.1 or Section 14.4.2 for any Intellectual Property Claim to the extent arising solely from: from (i) use of any Deliverable Item in combination with other items not provided provided, contemplated, recommended, or approved by Contractor or its suppliers or subcontractors; or Contractor, (ii) MSV’s modification modifications of any Deliverable Item after Delivery by a person or entity other than Contractor unless authorized by written directive or instructions furnished by Contractor to Customer under this Contract or (iii) the compliance of any Deliverable ItemItem with specific designs, except where such modification was made by specifications or for MSV due to Contractor’s failure to perform a contractual obligationinstructions of Customer.
Appears in 1 contract
Samples: Contract for Launch Services (Iridium Communications Inc.)
Combinations and Modifications. Contractor shall have no liability under this Article 19 for any Intellectual Property Claim arising solely from: from (i) use of any Deliverable Item in combination with other items not provided by items, unless Contractor or its suppliers or subcontractors; sold them as a combination intended to be so used or (ii) MSV’s modification modifications of the Deliverable ItemItems after Delivery, except where unless Contractor made such modification was made by or for MSV due to Contractor’s failure to perform a contractual obligationmodifications.
Appears in 1 contract
Samples: Echostar Communications Corp
Combinations and Modifications. Contractor shall have no liability under this Article 19 for any Intellectual Property Claim arising solely from: from (i) use of any Deliverable Item in combination with other items not provided by items, unless Contractor or its suppliers or subcontractors; sold them as a combination intended to be so used or (ii) MSV’s modification modifications of Deliverable Items after Acceptance, unless Contractor or one of its subcontractors (with the Deliverable Item, except where knowledge and consent of Contractor) made or specifically recommended such modification was made by or for MSV due to Contractor’s failure to perform a contractual obligation.modifications. [SPACE SYSTEMS LORAL LOGO] SS/L-TP99022 Contract 39 41
Appears in 1 contract
Samples: Echostar Communications Corp
Combinations and Modifications. Contractor shall have no liability under this Article 19 for any Intellectual Property Claim arising solely from: from (i) use of any Deliverable Item Items in combination with other items not provided by items, unless Contractor or its suppliers or subcontractors; sold them as a combination or (ii) MSVmodifications of Deliverable Items after Delivery, unless expressly permitted by the specifications or Contractor made or specifically recommended the modification. Unless otherwise stated herein, the remedies set forth herein shall be Purchaser’s modification of the Deliverable Item, except where such modification was made by sole and exclusive remedies for or for MSV due related to Contractor’s failure to perform a contractual obligation.an Intellectual Property Claim. ARTICLE 20 - INDEMNITY
Appears in 1 contract
Combinations and Modifications. Contractor shall have no liability under this Article 19 for any Intellectual Property Claim arising solely from: from (i) use of any Deliverable Item in combination with other items not provided by items, unless Contractor or its suppliers or subcontractors; sold them as a combination intended to be so used or (ii) MSV’s modification modifications of Deliverable Items after Acceptance, unless Contractor or one of its subcontractors (with the Deliverable Item, except where knowledge and consent of Contractor) made or specifically recommended such modification was made by or for MSV due to Contractor’s failure to perform a contractual obligationmodifications.
Appears in 1 contract
Samples: Echostar Communications Corp