Customer’s Indemnification. CUSTOMER shall indemnify, defend, and hold SANMINA-SCI and SANMINA-SCI's affiliates, shareholders, directors, officers, employees, contractors, agents and other representatives (the "SANMINA-SCI-Indemnified Parties") harmless from all third party Claims (i) based upon personal injury or death or injury to property to the extent any of the foregoing is proximately caused either by a defective Product, by the negligent or willful acts or omissions of CUSTOMER or its officers, employees, subcontractors or agents and/or (ii) arising from or relating to any actual or alleged infringement or misappropriation of any patent, trademark, mask work, copyright, trade secret or any actual or alleged violation of any other intellectual property rights arising from or in connection with any Customer-Furnished Items, except to the extent that such infringement exists as a result of use by CUSTOMER of SANMINA-SCI's manufacturing or SANMINA-SCI-furnished items, which are items used by SANMINA-SCI in its manufacturing processes excluding Components.
Appears in 3 contracts
Samples: Manufacturing Services Agreement (Isilon Systems, Inc.), Manufacturing Services Agreement (Isilon Systems, Inc.), Manufacturing Services Agreement (Isilon Systems, Inc.)
Customer’s Indemnification. CUSTOMER shall indemnify, defend, and hold SANMINA-SCI and SANMINA-SCI's ’s affiliates, shareholders, directors, officers, employees, contractors, agents and other representatives (the "“SANMINA-SCI-Indemnified Parties"”) harmless from all third party Claims (i) based upon personal injury or death or injury to property to the extent any of the foregoing is proximately caused either by a defective Product, by the negligent or willful acts or omissions of CUSTOMER or its officers, employees, subcontractors or agents and/or (ii) arising from or relating to any actual or alleged infringement or misappropriation of any patent, trademark, mask work, copyright, trade secret or any actual or alleged violation of any other intellectual property rights arising from or in connection with any Customer-Furnished Itemsthe Products, except to the extent that such infringement exists as a result of use by CUSTOMER of SANMINA-SCI's ’s manufacturing or SANMINA-SCI-furnished items, which are items used by SANMINA-SCI in its manufacturing processes excluding Componentsprocesses.
Appears in 2 contracts
Samples: Manufacturing Services Agreement (Bluearc Corp), Manufacturing Services Agreement (Bluearc Corp)
Customer’s Indemnification. CUSTOMER shall indemnify, defend, and hold SANMINA-SCI and SANMINA-SCI's ’s affiliates, shareholders, directors, officers, employees, contractors, agents and other representatives (the "“SANMINA-SCI-Indemnified Parties"”) harmless from all third party Claims (i) based upon personal injury or death or injury to property to the extent any of the foregoing is proximately caused either by a defective design defect in the Product, by the negligent or willful acts or omissions of CUSTOMER or its officers, employees, subcontractors or agents and/or (ii) arising from or relating to any actual or alleged infringement or misappropriation of any patent, trademark, mask work, copyright, trade secret or any actual or alleged violation of any other intellectual property rights arising from or in connection with any Customer-Furnished Itemsthe Products, except to the extent that such infringement exists as a result of use by CUSTOMER of SANMINA-SCI's ’s manufacturing or SANMINA-SCI-furnished items, which are items used by SANMINA-SCI in its manufacturing processes excluding Componentsprocesses.
Appears in 1 contract
Samples: Manufacturing Services Agreement (Power Efficiency Corp)
Customer’s Indemnification. CUSTOMER shall indemnify, defend, and hold SANMINA-SCI and SANMINA-SCI's ’s affiliates, shareholders, directors, officers, employees, contractors, agents and other representatives (the "“SANMINA-SCI-Indemnified Parties"”) harmless from all third party Claims (i) based upon personal injury or death or injury to property to the extent any of the foregoing is proximately caused either by a defective Product, by Product design or the negligent or willful acts or omissions of CUSTOMER or its officers, employees, subcontractors or agents and/or (ii) arising from or relating to any actual or alleged infringement or misappropriation of any patent, trademark, mask work, copyright, trade secret or any actual or alleged violation of any other intellectual property rights arising from or in connection with any Customer-Furnished Itemsthe Products’ design, except to the extent that such infringement exists as a result of use by CUSTOMER of SANMINA-SCI's ’s manufacturing or SANMINA-SCI-furnished items, which are items used by SANMINA-SCI in its manufacturing processes excluding Componentsprocesses.
Appears in 1 contract
Samples: Manufacturing Services Agreement (Overland Storage Inc)
Customer’s Indemnification. CUSTOMER shall indemnify, defend, and hold SANMINA-SCI and SANMINA-SCI's ’s affiliates, shareholders, directors, officers, employees, contractors, agents and other representatives (the "“SANMINA-SCI-Indemnified Parties"”) harmless from all third party Claims (i) based upon personal injury or death or injury to property to the extent any of the foregoing is proximately caused either by a defective Product, by the negligent or willful acts or omissions of CUSTOMER or its officers, employees, subcontractors or agents and/or (e.g., a defect in the product design); (ii) arising from or relating to any actual or alleged infringement or misappropriation of any patent, trademark, mask work, copyright, trade secret or any actual or alleged violation of any other intellectual property rights arising from or in connection with any Customer-Furnished Itemsthe Products, except to the extent that such infringement exists as a result of use by CUSTOMER of SANMINA-SCI's manufacturing or SANMINA-SCI-furnished items, which are items used by SANMINA-SCI in its manufacturing processes excluding Components.’s
Appears in 1 contract
Samples: Manufacturing Services Agreement (Powerwave Technologies Inc)