Common use of INDEMNIFICATION AGAINST INFRINGEMENT Clause in Contracts

INDEMNIFICATION AGAINST INFRINGEMENT. If notified in writing of any action brought against Hess based on a claim that any of Equipment or the Services infringes any patent, copyright, trade secret or other intellectual property right, Contractor shall defend such action, at its expense, and pay all costs (including attorneys’ fees) and damages awarded in such action or settlement which are attributable to such claim. In the event that an injunction is obtained against Hess’ use of the infringing Equipment or Services, Contractor shall, at its expense, (i) procure for Hess the right to continue using the Services or Equipment as provided for in the Agreement, (ii) replace or modify the Services or Equipment so that they are no longer infringing (so long as their functionality is essentially unchanged) or (iii) terminate the Services or Equipment that are infringing and return all fees paid hereunder.

INDEMNIFICATION AGAINST INFRINGEMENT. If notified in writing of any action brought against Hess based on a claim that any of Equipment or the Services infringes infringe any patent, copyright, trade secret or other intellectual property right, Contractor Vendor shall defend such action, at its expense, and pay all costs (including attorneys’ fees) and damages awarded in such action or settlement which are attributable to such claim. In the event that an injunction is obtained against Hess’ use of the infringing Equipment or Services, Contractor Vendor shall, at its expense, (i) procure for Hess the right to continue using the Services or Equipment as provided for in the Agreement, (ii) replace or modify the Services or Equipment so that they are no longer infringing (so long as their functionality is essentially unchanged) or (iii) terminate the Services or Equipment that are infringing and return all fees paid hereunder.