Common use of Copyright and Patent Indemnity Clause in Contracts

Copyright and Patent Indemnity. Consultant shall defend, indemnify and shall hold harmless (including reasonable attorneys' fees) the State, NYSDOT, and any employee or agent thereof (each of the foregoing being hereinafter referred to as the "Indemnified Party") against all liability to third parties (other than liability solely the fault of the Indemnified Party) arising from and attributable to a breach of warranty, or negligent or intentional act or omissions of the Consultant, its subcontractors, or the respective employees or agents of the aforesaid, or the possession or use by NYSDOT, of NYSDOT’s Traffic Data System, including (but not limited to) the violation of any third party's trade secrets, proprietary information, trademark, copyright, patent or other intellectual property rights in connection with such System. A party requesting such indemnification shall give Consultant prompt notice of such a claim. Consultant shall conduct the defense in any such third-party action arising as described herein and NYSDOT shall fully cooperate with such defense. This indemnification is limited to NYSDOT’s Traffic Data System including modifications thereto made by Consultant or with Consultant's knowledge and consent and does not cover third party claims arising from modifications not authorized by or performed with the knowledge of the Consultant or the use of NYSDOT’s Traffic Data System in a combination or manner not specified by the Consultant.

Copyright and Patent Indemnity. The Consultant shall defend, indemnify and shall hold harmless (including reasonable attorneys' fees) the State, NYSDOT, and any employee or agent thereof (each of the foregoing being hereinafter referred to as the "Indemnified Party") against all liability to third parties (other than liability solely the fault of the Indemnified Party) arising from and or attributable to a breach of warranty, or negligent or intentional act or omissions omission of the Consultant, its subcontractors, or the respective employees or agents of the aforesaid, or the possession or use by NYSDOT, of NYSDOT’s Traffic Data Systemthe Deliverable, including (but not limited to) for the violation of any third party's trade secrets, proprietary information, trademark, copyright, or patent or other intellectual property rights in connection with such SystemDeliverable. A party requesting such indemnification shall give the Consultant prompt notice of such a claim. Consultant shall conduct the defense in any such third-third party action arising as described herein and NYSDOT shall fully cooperate with such defense. This indemnification is limited to NYSDOT’s Traffic Data System the Deliverable including modifications thereto made by the Consultant or with the Consultant's knowledge and consent and does not cover third party claims arising from modifications not authorized by or performed with the knowledge of the Consultant or the use of NYSDOT’s Traffic Data System the Deliverable in a combination or manner not specified by the Consultant. The provisions of this Article shall not impinge on the right of any of the State to pursue its own defense in any filed or threatened actions.

Copyright and Patent Indemnity. Consultant shall defend, indemnify and shall hold harmless (including reasonable attorneys' fees) the State, NYSDOT, and any employee or agent thereof (each of the foregoing being hereinafter referred to as the "Indemnified Party") against all liability to third parties (other than liability solely the fault of the Indemnified Party) arising from and attributable to a breach of warranty, or negligent or intentional act or omissions of the Consultant, its subcontractors, or the respective employees or agents of the aforesaid, or the possession or use by NYSDOT, of NYSDOT’s Traffic Data the System, including (but not limited to) the violation of any third party's trade secrets, proprietary information, trademark, copyright, patent or other intellectual property rights in connection with such System. A party requesting such indemnification shall give Consultant prompt notice of such a claim. Consultant shall conduct the defense in any such third-third party action arising as described herein and NYSDOT shall fully cooperate with such defense. This indemnification is limited to NYSDOT’s Traffic Data the System including modifications thereto made by Consultant or with Consultant's knowledge and consent and does not cover third party claims arising from modifications not authorized by or performed with the knowledge of the Consultant or the use of NYSDOT’s Traffic Data the System in a combination or manner not specified by the Consultant.

Copyright and Patent Indemnity. The Consultant shall defend, indemnify and shall hold harmless (including reasonable attorneys' fees) the State, NYSDOT, and any employee or agent thereof (each of the foregoing being hereinafter referred to as the "Indemnified Party") against all liability to third parties (other than liability solely the fault of the Indemnified Party) arising from and or attributable to a breach of warranty, or negligent or intentional act or omissions omission of the Consultant, its subcontractors, or the respective employees or agents of the aforesaid, or the possession or use by NYSDOT, of NYSDOT’s Traffic Data the System, including (but not limited to) for the violation of any third party's trade secrets, proprietary information, trademark, copyright, or patent or other intellectual property rights in connection with such System. A party requesting such indemnification shall give the Consultant prompt notice of such a claim. Consultant shall conduct the defense in any such third-third party action arising as described herein and NYSDOT shall fully cooperate with such defense. This indemnification is limited to NYSDOT’s Traffic Data the System including modifications thereto made by the Consultant or with the Consultant's knowledge and consent and does not cover third party claims arising from modifications not authorized by or performed with the knowledge of the Consultant or the use of NYSDOT’s Traffic Data the System in a combination or manner not specified by the Consultant. The provisions of this Article shall not impinge on the right of any of the State to pursue its own defense in any filed or threatened actions.

Copyright and Patent Indemnity. Consultant shall defend, indemnify and shall hold harmless (including reasonable attorneys' fees) the State, NYSDOT, and any employee or agent thereof (each of the foregoing being hereinafter referred to as the "Indemnified Party") against all liability to third parties (other than liability solely the fault of the Indemnified Party) arising from and attributable to a breach of warranty, or negligent or intentional act or omissions of the Consultant, its subcontractors, or the respective employees or agents of the aforesaid, or the possession or use by NYSDOT, of NYSDOT’s Traffic Data EAMP System, including (but not limited to) the violation of any third party's trade secrets, proprietary information, trademark, copyright, patent or other intellectual property rights in connection with such System. A party requesting such indemnification shall give Consultant prompt notice of such a claim. Consultant shall conduct the defense in any such third-party action arising as described herein and NYSDOT shall fully cooperate with such defense. This indemnification is limited to NYSDOT’s Traffic Data EAMP System including modifications thereto made by Consultant or with Consultant's knowledge and consent and does not cover third party claims arising from modifications not authorized by or performed with the knowledge of the Consultant or the use of NYSDOT’s Traffic Data EAMP System in a combination or manner not specified by the Consultant.

Copyright and Patent Indemnity. Consultant shall defend, indemnify and shall hold harmless (including reasonable attorneys' fees) the State, NYSDOT, and any employee or agent thereof (each of the foregoing being hereinafter referred to as the "Indemnified Party") against all liability to third parties (other than liability solely the fault of the Indemnified Party) arising from and attributable to a breach of warranty, or negligent or intentional act or omissions of the Consultant, its subcontractors, or the respective employees or agents of the aforesaid, or the possession or use by NYSDOT, of NYSDOT’s Traffic Data the System, including (but not limited to) the violation of any third party's trade secrets, proprietary information, trademark, copyright, or patent or other intellectual property rights in connection with such System. A party requesting such indemnification shall give Consultant prompt notice of such a claim. Consultant shall conduct the defense in any such third-third party action arising as described herein and NYSDOT shall fully cooperate with such defense. This indemnification is limited to NYSDOT’s Traffic Data the System including modifications thereto made by Consultant or with Consultant's knowledge and consent and does not cover third party claims arising from modifications not authorized by or performed with the knowledge of the Consultant or the use of NYSDOT’s Traffic Data the System in a combination or manner not specified by the Consultant.