Common use of Duty to Defend Clause in Contracts

Duty to Defend. RSA agrees that it shall, at its own expense, defend, or at its option settle, any action instituted against OEM, and pay any award or damages assessed or settled upon against OEM resulting from such action, insofar as the same is based upon a claim that any Licensed Software used within the terms of this Agreement and the applicable License/Product Schedule infringes any United States patent, copyright or trade secret or a claim that RSA has no right to license the Licensed Software hereunder, provided that OEM gives RSA: (i) prompt notice in writing of such action, (ii) the right to control and direct the investigation, preparation, defense and settlement of the action; and (iii) reasonable assistance and information.

Duty to Defend. RSA agrees that it shall, shall at its own expense, defend, or at its option settle, any action instituted against OEMYou, and pay any award or damages assessed against You or settled upon against OEM agreed by RSA to be paid in settlement resulting from such action, insofar as the same is based upon a claim that any Licensed RSA Software used within in accordance with the terms of this Agreement and the applicable License/Product Schedule infringes any United States patentcopyright, copyright or United States trade secret secret, or a claim that RSA has no right to license the Licensed RSA Software hereunder, provided that OEM gives You give RSA: (i) prompt notice in writing of such action, ; (ii) the right to control and direct the investigation, preparation, defense and settlement of the action; and (iii) reasonable assistance and information.

Duty to Defend. RSA agrees that it shall, at its own expense, defend, or at its option settle, any action instituted against OEM, and pay any award or damages assessed or settled upon against OEM resulting from such action, insofar as the same is based upon a claim that any Licensed Software used within the terms of this Agreement and the applicable License/Product Schedule infringes any United States patent, copyright or trade secret or a claim that RSA has no right to license the Licensed Software hereunder, provided that OEM gives RSA: (i) prompt notice in writing of such action, action (ii) the right to control and direct the investigation, preparation, defense and settlement of the action; and (iii) reasonable assistance and information.

Duty to Defend. RSA agrees that it shall, at its own expense, defend, -------------- or at its option settle, any action instituted against OEM, and pay any award or damages assessed or settled upon against OEM resulting from such action, insofar as the same is based upon a claim that any Licensed Software used within the terms of this Agreement and the applicable License/Product Schedule infringes any United States patent, copyright or trade secret or a claim that RSA has no right to license the Licensed Software hereunder, provided that OEM gives RSA: ; (i) prompt notice in writing of such action, (ii) the right to control and direct the investigation, preparation, defense and settlement of the action; and (iii) reasonable assistance and information.

Duty to Defend. RSA agrees that it shall, at its own expense, defend, or at its option settle, any action instituted against OEMYou, and pay any award or damages assessed against You or settled upon against OEM agreed by RSA to be paid in settlement resulting from such action, insofar as the same is based upon a claim that any Licensed RSA Software used within in accordance with the terms of this Agreement and the applicable License/Product Schedule infringes any United States patentcopyright, copyright or trade secret secret, patent or a claim that RSA has no right to license the Licensed RSA Software hereunder, provided that OEM gives You give RSA: (i) prompt notice in writing of such action, (ii) the right to control and direct the investigation, preparation, defense and settlement of the action; and (iii) reasonable assistance and information.

Duty to Defend. RSA agrees that it shall, at its own expense, defend, or at its option settle, any action instituted against OEM, and pay any award or damages assessed or settled upon against OEM or agreed to be paid by OEM in settlement resulting from such action, insofar as the same is based upon a claim that any Licensed RSA Software used within in accordance with the terms of this Agreement and the applicable License/Product Schedule infringes any United States patent, copyright or trade secret or a claim that RSA has no right to license the Licensed RSA Software hereunder, provided that OEM gives RSA: ; (i) prompt notice in writing of such action, (ii) the right to control and direct the investigation, preparation, defense and settlement of the action; and (iii) reasonable assistance and information.