Common use of Exceptions to Indemnification Clause in Contracts

Exceptions to Indemnification. Supplier will have no obligation to indemnify Buyer or Buyer Personnel or Customer or Customer Personnel for claims that Supplier’s Deliverables or Services infringe the intellectual property rights of a third party to the extent such claims arise as a result of: 1. Buyer’s or Customer’s combination of Deliverables or Services with other products or services not reasonably foreseeable by Supplier and such infringement or claim would have been avoided in the absence of such combination; 2. Supplier’s implementation of a Buyer originated design and such infringement or claim would have been avoided in the absence of such implementation; or

Appears in 3 contracts

Samples: General Terms and Conditions, General Terms and Conditions, Technical Services Agreement (Camelot Information Systems Inc.)

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Exceptions to Indemnification. Supplier will have no obligation to indemnify Buyer or Buyer, Buyer Personnel or Customer or Customer Personnel for claims that Supplier’s Deliverables or Services infringe the intellectual property rights of a third party to the extent such claims arise as a result of: 1. Buyer’s or Customer’s combination of Deliverables or Services with other products or services not reasonably foreseeable by Supplier and such infringement or claim would have been avoided in the absence of such combination; 2. Supplier’s implementation of a Buyer originated design and such infringement or claim would have been avoided in the absence of such implementation; or 3. Buyer’s or Customer’s modification of the Deliverables and such infringement or claim would have been avoided in the absence of such modification.

Appears in 2 contracts

Samples: Base Agreement, Solutions Engagement Agreement (Halifax Corp)

Exceptions to Indemnification. Supplier will have no obligation to indemnify Buyer or Buyer Personnel or Customer or Customer Personnel for claims that Supplier’s Deliverables or Services infringe the intellectual property rights of a third party to the extent such claims arise as a result of: 1. Buyer’s or Customer’s combination of Deliverables or Services with other products or services not reasonably foreseeable by Supplier and such infringement or claim would have been avoided in the absence of such combination; 2. Supplier’s implementation of a Buyer originated design and such infringement or claim would have been avoided in the absence of such implementation; or 3. Buyer’s or Customer’s modification of the Deliverables and such infringement or claim would have been avoided in the absence of such modification.

Appears in 2 contracts

Samples: Technical Services Agreement, Technical Services Agreement (Cdi Corp)

Exceptions to Indemnification. Supplier will have no obligation to indemnify Buyer or Buyer Personnel or Customer or Customer Personnel for claims that Supplier’s 's Deliverables or Services infringe the intellectual property rights of a third party to the extent such claims arise as a result of: 1. Buyer’s 's or Customer’s 's combination of Deliverables or Services with other products or services not reasonably foreseeable by Supplier and such infringement or claim would have been avoided in the absence of such combination; 2. Supplier’s 's implementation of a Buyer originated design and such infringement or claim would have been avoided in the absence of such implementation; or 3. Buyer's or Customer's modification of the Deliverables and such infringement or claim would have been avoided in the absence of such modification.

Appears in 1 contract

Samples: Technical Services Agreement (Cdi Corp)

Exceptions to Indemnification. Supplier will have no obligation to indemnify Buyer or Buyer Personnel or Customer or Customer Personnel for claims that Supplier’s Deliverables 's Products or Services infringe the intellectual property rights of a third party to the extent such claims arise as a result of: 1. Buyer’s The Excluded Property in the Products or Customer’s combination of Deliverables or Services with other products or services not reasonably foreseeable by Supplier and Services; provided that such infringement or claim would have been avoided in is based solely on the absence use of such combination;Excluded Property. 2. Supplier’s 's implementation of a Buyer or Buyer Personnel originated design and such infringement or claim would have been avoided in the absence of such implementation; or 3. Buyer's modification of the Products except for intended modifications required for use of the Products and such infringement or claim would have been avoided in the absence of such modification.

Appears in 1 contract

Samples: Base Agreement (Adaptec Inc)

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Exceptions to Indemnification. Supplier will have no obligation to indemnify Buyer or Buyer Personnel or Customer or Customer Personnel for claims that Supplier’s Deliverables or Services infringe the intellectual property rights of a third party to the extent such claims arise as a result of: 1. Buyer’s or Customer’s combination of Deliverables or Services with other products or services not reasonably foreseeable by Supplier and such infringement or claim would have been avoided in the absence of such combination; 2. Supplier’s implementation of a Buyer originated design and such infringement or claim would have been avoided in the absence of such implementation; or

Appears in 1 contract

Samples: Technical Service Agreement (VanceInfo Technologies Inc.)

Exceptions to Indemnification. Supplier will have no obligation to indemnify Buyer or Buyer, Buyer Personnel or Customer or Customer Personnel for claims that Supplier’s Deliverables or Services infringe the intellectual property rights of a third party to the extent such claims arise as a result of: 1. (a) Buyer’s or Customer’s combination of Deliverables or Services with other products or services not reasonably foreseeable by Supplier and such infringement or claim would have been avoided in the absence of such combination; 2. (b) Supplier’s implementation of a Buyer originated design and such infringement or claim would have been avoided in the absence of such implementation; or (c) Buyer’s or Customer’s modification of the Deliverables and such infringement or claim would have been avoided in the absence of such modification.

Appears in 1 contract

Samples: Solutions Engagement Agreement (Winsonic Digital Media Group LTD)

Exceptions to Indemnification. Supplier will have no obligation to indemnify Buyer or Buyer Personnel or Customer or Customer Personnel for claims that Supplier’s Deliverables or Services infringe the intellectual property rights of a third party to the extent such claims arise as a result of: 1. Buyer’s or Customer’s the combination of Deliverables or Services other than by Supplier or Supplier Personnel with other products or services not reasonably foreseeable by Supplier and such infringement or claim would have been avoided in the absence of such combination; 2. Supplier’s implementation of a any specification or designs provided by Buyer originated design and such infringement or claim would have been avoided in the absence of such implementation; or 3. the modification of the Deliverables or Services other than by Supplier or Supplier Personnel and such infringement or claim would have been avoided in the absence of such modification.

Appears in 1 contract

Samples: Solutions Engagement Agreement (Internet Initiative Japan Inc)

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