Common use of Combinations and Modifications Clause in Contracts

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: Contract (Skyterra Communications Inc), Contract Amendment (Skyterra Communications Inc)

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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: Contract (Hughes Network Systems, LLC), Contract (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: Contract (Satelites Mexicanos Sa De Cv), Contract (Satelites Mexicanos Sa De Cv)

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: Contract (Echostar Communications Corp)

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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: Contract (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 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: Contract (Echostar Communications Corp)

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