Indemnification - Intellectual Property Infringement. 15.4.1 Contractor shall defend, hold harmless and indemnify Customer, and its Related Third Parties for any and all claims resulting from the infringement, or claims of infringement, of the patent rights or any other intellectual property rights of a Third Party, that may arise from the design, manufacture or operation of the Launch Vehicle or Contractor’s provision of Launch Services.
15.4.2 Customer shall defend, hold harmless and indemnify Contractor and its Related Third Parties for any and all claims resulting from the infringement, or claims of infringement, of the patent rights or any other intellectual property rights of a Third Party, that may arise from the design, manufacture, or operation of Customer’s Satellite or a claim alleging that the Contractor aided or enabled infringement in the design, manufacture, or operation of Customer’s Satellite by the furnishing of Launch Services.
Indemnification - Intellectual Property Infringement. 14.5.1 Contractor Indemnification Contractor shall indemnify, defend and hold harmless Customer, its Related Third Parties, subsidiaries and Affiliates, its subcontractors (if any), their respective officers, employees, agents, servants and assignees, from and against all losses, damages, liabilities, settlements, penalties, fines, costs and expenses (including reasonable attorneys’ fees and expenses) arising out of or resulting from any claim, suit or other action or threat by a Third Party arising out of an allegation that: (i) Contractor’s performance under this Contract; (ii) the design, manufacture or operation of the Launch Vehicle, Dispenser or Contractor’s provision of Launch Services; or (iii) Customer’s Exploitation of the Contractor IP, infringes any Third Party’s Intellectual Property Rights (“Intellectual Property Claim”).
14.5.2 Contractor Resolution or Mitigation If Contractor’s performance under this Contract, the design, manufacture or operation of the Launch Vehicle, Dispenser or Contractor’s provision of Launch Services, or any part thereof is enjoined or otherwise prohibited as a result of an Intellectual Property Claim, Contractor shall, at its option and expense, (i) resolve the matter so that the injunction or prohibition no longer pertains, (ii) procure for Customer the right to use the infringing item, and/or (iii) modify the infringing item so that it becomes non-infringing while remaining in compliance with the requirements of this Contract. Customer shall, at Contractor’s expense, reasonably cooperate with Contractor to mitigate or remove any infringement. If Contractor is unable to accomplish (i), (ii) or (iii) as stated above, Customer shall have the right to terminate any or all of the unperformed Launch Services under this Contract and receive a refund of all payments associated thereto.
Indemnification - Intellectual Property Infringement. 15.4.1 Contractor shall defend, hold harmless and indemnify Customer and its Related Third Parties for any and all claims resulting from the infringement, or claims of infringement, of the patent rights or any other intellectual property rights of a Third Party, that may arise from Contractor's provision of Launch Services.
15.4.2 Customer shall defend, hold harmless and indemnify Contractor and its Related Third Parties for any and all claims resulting from the infringement, or claims of infringement, of the patent rights or any other intellectual property rights of a Third Party, that may arise from the design, manufacture, launch or operation of Customer's Satellite.
Indemnification - Intellectual Property Infringement. 15.5.1 Contractor shall defend, hold harmless and indemnify Customer and its Related Third Parties for any and all claims resulting from the infringement, or claims of infringement, of the patent rights or any other intellectual property rights of a Third Party, that may arise from Contractor’s provision of Launch Services.
15.5.2 Customer shall defend, hold harmless and indemnify Contractor and its Related Third Parties for any and all claims resulting from the infringement, or claims of infringement, of the patent rights or any other intellectual property rights of a Third Party, that may arise from the design, manufacture, launch (other than for infringement related to the provision of Launch Services as addressed in paragraph 15.5.1) or operation of Customer’s Satellite.
Indemnification - Intellectual Property Infringement. 14.5.1 Launch Provider agrees to defend, hold harmless and indemnify ICO and its Related Third Parties from and against any liabilities, costs, risks, losses, damages, or injury, or any consequences thereof, resulting from an infringement or misappropriation or claim for infringement or misappropriation of any patent right or any other intellectual property or proprietary right of a Third Party or a Related Third Party of Launch Provider which may arise to the extent from (i) the provision of the Launch Services or Post-Launch Services under this Contract by Launch Provider or its Related Third Parties, or (ii) the design, manufacture or use of the Launch Vehicle.
14.5.2 ICO agrees to defend, hold harmless and indemnify Launch Provider and its Related Third Parties from and against any liabilities, costs, risks, losses, damages, or injury, or any consequences thereof, resulting from an infringement or misappropriation or claim for infringement or misappropriation of any patent right or any other intellectual property or proprietary right of a Third Party or a Related Third Party of ICO which may arise to the extent from the design, manufacture or operation of ICO’s Spacecraft or a claim alleging that the Launch Provider aided or enabled infringement in the design, manufacture, or operation of ICO’s Spacecraft by the furnishing of the Launch Service.
Indemnification - Intellectual Property Infringement. 15.5.1 Sea Launch agrees to defend, hold harmless and indemnify Inmarsat and its Related Third parties from and against any liabilities, costs, risks, losses, damages, or injury, or any consequences thereof, resulting from an infringement or claim for infringement of the patent right or any other intellectual property right of a third party or a Related Third Party of Sea Launch which may arise from the provisions of the services under this Contract by Sea Launch.
15.5.2 Inmarsat agrees to defend, hold harmless and indemnify Sea Launch and its Related Third parties from and against any liabilities, costs, risks, losses, damages, or injury, or any consequences thereof, resulting from an infringement or claim for infringement of the patent right or any other intellectual property rights of a third party or a Related Third Party of Inmarsat which may arise from the design and manufacture of the Spacecraft
Indemnification - Intellectual Property Infringement. 15.4.1 Sea Launch agrees to defend, hold harmless and indemnify PanAmSat and its Related Third Parties from and against any liability, cost, risk, loss, damage, or injury, or any consequences thereof, resulting from an infringement or a claim for infringement of the patent right or any other intellectual property rights of a Third Party or a Related Third Party of Sea Launch which may arise from the provision of Launch Services by Sea Launch.
15.4.2 PanAmSat agrees to defend, hold harmless and indemnify Sea Launch and its related Third Parties from and against any liability, cost, risk, loss, damage, or injury, or any consequences thereof, resulting from an infringement or a claim for infringement of the patent right or any other intellectual property right of a Third Party or a Related Third Party of PanAmSat which may arise from the design, Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this Contract Document. SEA LAUNCH AND PANAMSAT PROPRIETARY manufacture, installation of the Payload in the Launch Vehicle, Launch or operation of the Spacecraft (excluding any infringement or claim for infringement for which Sea Launch is required to defend, hold harmless and indemnify PanAmSat pursuant to Paragraph 15.4.1).
Indemnification - Intellectual Property Infringement. 15.7.1 CONTRACTOR agrees to defend, hold harmless and indemnify CUSTOMER and its Related Third parties from and against any liabilities, costs, risks, losses, damages, or injury, or any consequences thereof, resulting from an infringement or claim for infringement of the patent right or any other intellectual property right of a Third Party or a Related Third Party of CONTRACTOR which may arise from the provisions of the Launch Services or Postlaunch Services under this Contract by CONTRACTOR.
15.7.2 CUSTOMER agrees to defend, hold harmless and indemnify CONTRACTOR and its Related Third parties from and against any liabilities, costs, risks, losses, damages, or injury, or any consequences thereof, resulting from an infringement or claim for infringement of the patent right or any other intellectual property rights of a Third Party or a Related Third Party of CUSTOMER which may arise from the design and manufacture of the Spacecraft
Indemnification - Intellectual Property Infringement. 15.6.1 Sea Launch agrees to defend, hold harmless and indemnify MSV and its Related Third Parties from and against any liabilities, costs, risks, losses, damages, or injury, or any consequences thereof, resulting from an infringement or claim for infringement of the patent right or any other intellectual property right of a Third Party or a Related Third Party of Sea Launch which may arise from the provisions of the Launch Services or Post launch Services under this Agreement by Sea Launch.
15.6.2 MSV agrees to defend, hold harmless and indemnify Sea Launch and its Related Third Parties from and against any liabilities, costs, risks, losses, damages, or injury, or any consequences thereof, resulting from an infringement or claim for infringement of the patent right or any other intellectual property rights of a Third Party or a Related Third Party of MSV which may arise from the design and manufacture of the Spacecraft.
Indemnification - Intellectual Property Infringement. 15.4.1 Contractor shall defend, hold harmless and indemnify MSV, and its Related Third Parties for any and all claims resulting from the infringement, or claims of infringement, of the patent rights or any other intellectual property rights of a Third Party, that may arise from the design, manufacture or operation of the Launch Vehicle or Contractor’s provision of Launch Services.
15.4.2 MSV shall defend, hold harmless and indemnify Contractor and its Related Third Parties for any and all claims resulting from the infringement, or claims of infringement, of the patent rights or any other intellectual property rights of a Third Party, that may arise from the design, manufacture, or operation of MSV’s Satellite or a claim alleging that the Contractor aided or enabled infringement in the design, manufacture, or operation of MSV’s Satellite by the furnishing of Launch Services.
