INDEMNITY AGAINST PATENT INFRINGEMENT. 18.1 In the case of any actual or alleged infringement of any Canadian or United States patent or, subject to the conditions and exceptions set forth below, any patent issued under the laws of any other country in which Buyer from time to time may lawfully operate the Aircraft ("Other Patents"), by the Aircraft, or by any system, accessory, equipment or part installed in such Aircraft at the time title to such Aircraft passes to Buyer, BXXX shall indemnify, protect, hold harmless and defend (subject to applicable court procedures) Buyer from and against all claims, suits, actions, liabilities, damages * resulting from the infringement, excluding any incidental or consequential damages (which include without limitation loss of revenue or loss of profit) and BXXX shall and as promptly as possible under the circumstances, at its option and expense:
(a) procure for Buyer the right under such patent to use such system, accessory, equipment or part; or
(b) replace such system, accessory, equipment or part with one of the similar nature and quality that is non-infringing; or
(c) modify such system, accessory, equipment or part to make same non-infringing in a manner such as to keep it otherwise in compliance with the requirements of this Agreement. BRAD's obligation hereunder shall extend to Other Patents only if from the time of design of the Aircraft, system, accessory, equipment or part until the alleged infringement claims are resolved:
(d) such other country and the country in which the Aircraft is permanently registered have ratified and adhered to and are at the time of the actual or alleged infringement contracting parties to the Chicago Convention on International Civil Aviation of December 7, 1944 and are fully entitled to all benefits of Article 27 thereof; and
(e) such other country and the country of registration shall each have been a party to the International Convention for the Protection of Industrial Property (Paris Convention) or have enacted patent laws which recognize and give adequate protection to inventions made by the nationals of other countries which have ratified, adhered to and are contracting parties to either of the foregoing conventions.
18.2 The foregoing indemnity does not apply to BFE, or to avionics, engines or any system, accessory, equipment or part that was not manufactured to BRAD's detailed design or to any system, accessory, equipment or part manufactured by a third party to BRAD's detailed design without BRAD's authoriza...
INDEMNITY AGAINST PATENT INFRINGEMENT. Boeing will defend and indemnify Customer with respect to all claims, suits and liabilities arising out of any actual or alleged patent infringement through Customer’s use, lease or resale of any aircraft or any Boeing Product installed on an aircraft at delivery.
INDEMNITY AGAINST PATENT INFRINGEMENT. The Contractor shall indemnify the Purchaser against all actions, claims, demands, costs, charges and expenses arising from or incurred by reason of any infringement or alleged infringement of patent, registered design, copyright, trade mxxx name or other intellectual property right protected in Malaysia or elsewhere by the use or possession of any Plant supplied by the Contractor but such indemnity shall not cover any use of the Works otherwise than for the purpose indicated by or reasonably inferred from the Contract or any infringement which is due to the use of any Plant in association or combination with any other plant not supplied by the Contractor. It is expressly agreed that the Purchaser shall have the full benefit of any indemnity provided by Axens and Oiltech to the Contractor against all actions, claims, demands, costs, charges and expenses arising from or incurred by reason of any infringement or alleged infringement of patent, registered design, copyright, trade mxxx name or other intellectual property right protected in Malaysia or elsewhere by the use or possession of any Plant supplied by such Sub-contractor.
INDEMNITY AGAINST PATENT INFRINGEMENT. A. XXXX xxxll indemnify SHI against any liabilities or losses which SHI may be required to pay in the case of any actual or alleged infringement of any United States patent or any negotiation or litigation based thereon, with respect to any products purchased pursuant to the terms of this Contract unless such products are made to a specific and detail design furnished by SHI which is not a modification of a DASA design. Such liabilities or losses (i) include: (a) counsel fees, (b) cost of replacing any infringing product with a suitable non-infringing substitute or of otherwise curing any infringement, but (ii) do not include any losses by SHI due to loss of use, at any time, of equipment or component utilizing any of said products which are the subject of any actual infringement.
B. With respect to any such actual or alleged patent infringement for which DASA is obligated to indemnify SHI: (i) DASA shall, as soon as practicable, report to SHI promptly an din reasonable written detail, each notice of claim against DASA of patent infringement; and (ii) SHI will notify DASA as soon as practicable after receipt by SHI of appropriate notice of any charge of infringement or commencement of any suit or action for infringement against SHI in either case, DASA shall have the option to (a) conduct negotiations with the party or parties charging infringement or (b) assume, conduct and control the defense of any suit or action of infringement against DASA or SHI. In the event DASA does not pursue either option, then SHI shall have the option to conduct such negotiations and defense without expense or liability to SHI as provided under Paragraph A. above.
INDEMNITY AGAINST PATENT INFRINGEMENT. In the case of any actual or alleged infringement of any Canadian or United States patent or, subject to the conditions and exceptions set forth below, any patent issued under the laws of any other country in which Buyer from time to time may lawfully operate the Aircraft ("Other Patents"), by the Aircraft, or by any system, accessory, equipment or part installed in such Aircraft at the time title to such Aircraft passes to Buyer, Bombardier shall indemnify, protect, hold harmless and defend (subject to applicable court procedures) Buyer from and against all claims, suits, actions, liabilities, damages and costs (including reasonable attorney fees -------------------- --------------------------------------------- -------------------------------------- resulting from the infringement, excluding any incidental or consequential damages (which include without limitation loss of revenue or loss of profit) and Bombardier shall and as promptly as possible under the circumstances, at its option and expense:
INDEMNITY AGAINST PATENT INFRINGEMENT. 18.1 In the case of any actual or alleged infringement of any Canadian or United States patent or, subject to the conditions and exceptions set forth below, any patent issued under the laws of any other country in which Buyer from time to time may lawfully operate the Aircraft ("Other Patents"), by the Aircraft, or by any system, accessory, equipment or part installed in such Aircraft at the time title to such Aircraft passes to Buyer, Bombardier shall defend, indemnify, protect and hold harmless Buyer from and against all claims, suits, actions, liabilities, damages and costs resulting from the infringement, excluding any incidental or consequential damages (which include without limitation loss of revenue or loss of profit) and Bombardier shall, at its option and expense:
(a) procure for Buyer the right under such patent to use such system, accessory, equipment or part; or
(b) replace such system, accessory, equipment or part with one of the similar functionality and quality that is non-infringing; or
(c) modify such system, accessory, equipment or part to make same non-infringing in a manner such as to keep it otherwise in compliance with the requirements of this Agreement.
INDEMNITY AGAINST PATENT INFRINGEMENT. 15.1 Subject to the provisions hereinafter set out in this Article 15, Seller agrees to indemnify, protect, and save harmless Buyer against any liability, losses, damages or expenses (excluding any liability, losses, damages and expenses in respect of or resulting from any lack or loss of use of the Aircraft) resulting solely from any actual or alleged infringement of a Canadian or United States patent by the Aircraft. The foregoing shall not apply to the Powerplants or any accessory, equipment or part which was not manufactured by Seller or is not manufactured exclusively pursuant to Seller's detailed design, or which was incorporated in the Aircraft at Buyer's request instead of or in addition to any accessory, equipment or part furnished by Seller. 11
15.2 Seller shall not be liable with respect to any actual or alleged patent infringement to which this Article 15 would apply unless: i) Suit is commenced against Buyer for infringement or Buyer receives a written claim alleging infringement and notice is given in writing to Seller by Buyer within 20 working days after the receipt by Buyer of the suit or written claim; ii) Buyer uses diligent efforts, in full cooperation with Seller, to reduce or mitigate any such expenses, damages, costs and royalties involved; iii) Buyer furnishes promptly to Seller all data, papers and records within its possession and any other information or material within Buyer's knowledge or control necessary or useful to resist and defend against such claim or suit; and iv) Buyer refrains from making any payment and from assuming any obligations, liabilities, expenses, damages, costs and royalties for which Seller may be held liable, without approval of Seller, and is diligent to reduce or mitigate any such expenses, damages, costs and royalties.
15.3 Seller shall have the option at any time or from time to time to conduct negotiations, in its own name, or in the name of Buyer, and to enter into a settlement or settlements with the party or parties involved in the actual or alleged patent infringement and to intervene in any suit or claim. Should Seller intervene in any such suit or claim, it shall be entitled at any stage of negotiations or proceedings to assume, conduct or control the defense thereof. If Seller assumes such defense and Buyer, in its interest, elects to participate therein, it shall do so at its sole cost and expense.
15.4 THE OBLIGATIONS ON THE PART OF SELLER IN THIS ARTICLE 15 ARE UNDERTAKEN BY SELLER AND ACCE...
INDEMNITY AGAINST PATENT INFRINGEMENT. A. MDC shall indemnify SHI against any liabilities or losses which SHI may be required to pay in the case of any actual or alleged infringement of any United States patent or any negotiation or litigation based thereon, with respect to any products purchased pursuant to the terms of this Contract unless such products are made to a specific and detail design furnished by SHI which is not a modification of a MDC design. Such liabilities or losses (i) include: (a) counsel fees, (b) cost of replacing any infringing product with a suitable non-infringing substitute or of otherwise
INDEMNITY AGAINST PATENT INFRINGEMENT. Subject to the exceptions, limitations and conditions set forth in this Part 6, Boeing will indemnify Customer with respect to all claims, suits and liabilities arising out of any actual or alleged patent infringement through its use, lease or resale of any Aircraft or any Boeing Product installed on an Aircraft at delivery.
INDEMNITY AGAINST PATENT INFRINGEMENT. Boeing will defend and indemnify Customer with respect to all claims, suits, and liabilities arising out of any actual or alleged patent infringement through Customer's use or resale of any Boeing Spare Part purchased by Customer from Boeing pursuant to an Order. 6.2 Indemnity Against Copyright Infringement. Boeing will defend and indemnify Customer with respect to all claims, suits, and liabilities arising out of any actual or alleged copyright infringement through Customer's (i) use or resale of any Boeing-created Aircraft Software purchased by Customer from Boeing pursuant to an SLA or an Order or (ii) use of any Boeing-created Materials provided to Customer pursuant to an SLA or an Order. 6.3
