Infringement and misappropriation. a) Successful Respondent represents, warrants, and covenants that all Services provided by Successful Respondent will not infringe or misappropriate any right of, and will be free of any claim of, any third person or entity based on copyright, patent, trade secret, or other Intellectual Property rights. Successful Respondent agrees that it shall include the indemnity provision provided in Section 14.10 b) into its Subcontracts, in which Subcontractors participate in the development or delivery of the Services or Software. b) As of the Effective Date, there is, to Successful Respondent’s knowledge, no pending claim, suit, or proceeding against or affecting Successful Respondent or any of its Affiliates or Subcontractors that would reasonably be expected to adversely affect Successful Respondent’s ability to perform and fulfill its obligations under this CTSA including, without limitation, actions pertaining to the proprietary rights to the relevant intellectual property. Successful Respondent shall notify DIR within fifteen (15) days of Successful Respondent’s knowledge of any such claim, suit, or proceeding. Successful Respondent shall notify DIR, within forty-eight (48) hours, if process is served on Successful Respondent in connection with this CTSA where such matter may affect the Services or a Party's rights including any subpoena for Successful Respondent’s records, and shall send a written notice of the service together with a copy of the same to DIR within seventy-two (72) hours of such service.
Appears in 4 contracts
Samples: Communications Technology Services Agreement, Communications Technology Services Agreement, Communications Technology Services Agreement
