Common use of Infringement and Mitigation Clause in Contracts

Infringement and Mitigation. In the event that (i) Contractor receives or otherwise learns of any threat, warning, or notice alleging that all, or any component or feature of the Services violates an Intellectual Property Right, or (ii) OCA’s continued use of Work Product, Contractor Owned Material, or Services is enjoined; then, in each case, Contractor shall, in addition to defending, indemnifying and holding harmless OCA as provided in Section 16.2 and to the other rights OCA may have under this Agreement, promptly and at its own option, cost and expense and in such a manner as to minimize the disturbance to OCA’s operations and activities, do one of the following:

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

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Infringement and Mitigation. In the event that (i) Contractor receives or otherwise learns of any threat, warning, or notice alleging that all, or any component or feature of the Services violates an a Intellectual Property Right, or (ii) OCA’s continued use of Deliverables, Work Product, Developed Materials, Contractor Owned Material, or Services is enjoined; then, in each case, Contractor shall, in addition to defending, indemnifying and holding harmless OCA as provided in Section 16.2 16.1 and to the other rights OCA may have under this Agreement, promptly and at its own option, cost and expense and in such a manner as to minimize the disturbance to OCA’s operations and activities, do one of the following:

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

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Infringement and Mitigation. In the event that (i) Contractor receives or otherwise learns of any threat, warning, or notice alleging that all, or any component or feature of the Services violates an OCA Contract No. 212210180 Intellectual Property Right, or (ii) OCA’s continued use of Work Product, Contractor Owned Material, or Services is enjoined; then, in each case, Contractor shall, in addition to defending, indemnifying and holding harmless OCA as provided in Section 16.2 and to the other rights OCA may have under this Agreement, promptly and at its own option, cost and expense and in such a manner as to minimize the disturbance to OCA’s operations and activities, do one of the following:

Appears in 1 contract

Samples: Master Services Agreement

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