Common use of INDEMNIFICATION FOR INFRINGEMENT Clause in Contracts

INDEMNIFICATION FOR INFRINGEMENT. 23.1 The Licensor warrants to the Licensee that it has indefeasible title to all property rights which are subject to this Agreement. (a) In the event any claim by a third party is made, or any action is commenced against the Licensee, for the alleged infringement by the Licensee of any such third party’s alleged patents, trademarks, or of any other intellectual or “Industrial Property Rights”, resulting from the use by the Licensee of the three component process, the Licensee shall give written notice to the Licensor of any such claim or action with ten (10) days from notice of claim or service of process in any action. (b) The Licensor shall have the option, to be exercised in its sole discretion, to defend any such claim or action on behalf of the Licensee in the same manner and to the same extent as if the claim or action was made or commenced against the Licensor. In any such election, the Licensee agrees to cooperate fully with the Licensor to defend, oppose, or settle any such claim or action, at Licensor’s sole discretion and expense.