Infringement of Intellectual Property Rights. 24.1 Canon will indemnify You against any final judgement, award or settlement made against You in respect of any Canon Materials suspected or alleged to infringe a third party’s New Zealand IPRs, subject to You: (a) notifying Canon in writing of the alleged infringement as soon as reasonably practicable; (b) not making admissions about the alleged infringement; (c) allowing Canon to conduct the defence of any alleged infringement and You providing reasonable assistance to Canon; and (d) agreeing the indemnity will not apply if the infringement is due to Your abnormal use or misuse of the Rented Product or Canon Materials. 24.2 If any Canon Materials are held, or in Canon's reasonable opinion are likely to be held, to be an infringement of a third party’s New Zealand IPRs, Canon will, at its expense and option: (a) procure the right for You to continue using the Canon Materials; (b) modify or amend the Canon Materials to circumvent any infringement; or (c) replace all or part of the Canon Materials with materials of a similar capability. 24.3 To the full extent permitted by law, the remedies stated in clause 24 constitute Your sole remedies and Canon's sole liability with respect to any infringement. 24.4 Your rights and Canon’s indemnity under clause 24 will not apply to any Canon Materials where the infringement claim arises from: (a) Your use of the Canon Materials in combination with any third party product (including software) not approved by Canon or in breach of a third party license; (b) modification of the Canon Materials by You or a third party without Canon’s approval; or (c) the use of the Canon Materials other than as contemplated in this Agreement, including any documents (including third party licenses) supplied with the Rented Product or Canon Materials, or operating instructions provided by Canon. Part C - General Terms and Conditions 25.1 Each party agrees: (a) it has full power and authority to enter into and perform this Agreement; (b) to act reasonably in performing its obligations and exercising its rights under this Agreement; (c) that when communicating with each other, it is responsible for conducting appropriate virus checks on any electronic media sent or received to or from the other party.
Appears in 2 contracts
Samples: Rental and Service Agreement, Rental and Service Agreement
Infringement of Intellectual Property Rights. 24.1 16.1 Canon will indemnify You against any final judgement, award or settlement made against You in respect of any Product or Canon Materials suspected or alleged to infringe a third party’s New Zealand IPRs, subject to You:
(a) notifying Canon in writing of the alleged infringement as soon as reasonably practicable;
(b) not making admissions about the alleged infringement;
(c) allowing Canon to conduct the defence of any alleged infringement and You providing reasonable assistance to Canon; and
(d) agreeing the indemnity will not apply if the infringement is due to Your abnormal use or misuse of the Rented Product or Canon Materials.
24.2 16.2 If any Product or Canon Materials are held, or in Canon's reasonable opinion are likely to be held, to be an infringement of a third party’s New Zealand IPRsIPR’s, Canon will, at its expense and option:
(a) procure the right for You to continue using the Product or Canon Materials;
(b) modify or amend the Product or Canon Materials to circumvent any infringement; or
(c) replace all or part of the Product or Canon Materials with materials of a similar capability.
24.3 16.3 To the full extent permitted by law, the remedies stated in clause 24 16 constitute Your sole remedies and Canon's sole liability with respect to any infringement.
24.4 16.4 Your rights and Canon’s indemnity under clause 24 16 will not apply to any Product or Canon Materials where the infringement claim arises from:
(a) Your use of the Product or Canon Materials in combination with any third party product (including software) not approved by Canon or in breach of a third party license;
(b) modification of the Product or Canon Materials by You or a third party without Canon’s approval; or
(c) the use of the Product or Canon Materials other than as contemplated in this Agreement, including any documents (including third party licenses) supplied with the Rented Product or Canon Materials, or operating instructions provided by Canon. Part C - General Terms and Conditions
25.1 Each party agrees:
(a) it has full power and authority to enter into and perform this Agreement;
(b) to act reasonably in performing its obligations and exercising its rights under this Agreement;
(c) that when communicating with each other, it is responsible for conducting appropriate virus checks on any electronic media sent or received to or from the other party.
Appears in 2 contracts
Samples: Sale and Service Agreement, Supply Agreement
Infringement of Intellectual Property Rights. 24.1
20.1 Canon will indemnify You against any final judgement, award or settlement made against You in respect of any Canon Materials suspected or alleged to infringe a third party’s New Zealand IPRs, subject to You:
(a) notifying Canon in writing of the alleged infringement as soon as reasonably practicable;
(b) not making admissions about the alleged infringement;
(c) allowing Canon to conduct the defence of any alleged infringement and You providing reasonable assistance to Canon; and
(d) agreeing the indemnity will not apply if the infringement is due to Your abnormal use or misuse of the Rented Leased Product or Canon Materials.
24.2 20.2 If any Canon Materials are held, or in Canon's reasonable opinion are likely to be held, to be an infringement of a third party’s New Zealand IPRs, Canon will, at its expense and option:
(a) procure the right for You to continue using the Canon Materials;
(b) modify or amend the Canon Materials to circumvent any infringement; or
(c) replace all or part of the Canon Materials with materials of a similar capability.
24.3 20.3 To the full extent permitted by law, the remedies stated in this clause 24 20 constitute Your sole remedies and Canon's sole liability with respect to any infringement.
24.4 20.4 Your rights and Canon’s indemnity under this clause 24 20 will not apply to any Canon Materials where the infringement claim arises from:
(a) Your use of the Canon Materials in combination with any third third- party product (including software) not approved by Canon or in breach of a third party license;
(b) modification of the Canon Materials by You or a third party without Canon’s approval; or
(c) the use of the Canon Materials other than as contemplated in this Agreement, including any documents (including third party licenses) supplied with the Rented Leased Product or Canon Materials, or operating instructions provided by Canon. Part C - General Terms and Conditions
25.1 Each party agrees:
(a) it has full power and authority to enter into and perform this Agreement;
(b) to act reasonably in performing its obligations and exercising its rights under this Agreement;
(c) that when communicating with each other, it is responsible for conducting appropriate virus checks on any electronic media sent or received to or from the other party.
Appears in 1 contract
Samples: Lease and Service Agreement
Infringement of Intellectual Property Rights. 24.1
20.1 Canon will indemnify You against any final judgement, award or settlement made against You in respect of any Canon Materials suspected or alleged to infringe a third party’s New Zealand IPRs, subject to You:
(a) notifying Canon in writing of the alleged infringement as soon as reasonably practicable;
(b) not making admissions about the alleged infringement;
(c) allowing Canon to conduct the defence of any alleged infringement and You providing reasonable assistance to Canon; and
(d) agreeing the indemnity will not apply if the infringement is due to Your abnormal use or misuse of the Rented Product or Canon Materials.
24.2 20.2 If any Canon Materials are held, or in Canon's reasonable opinion are likely to be held, to be an infringement of a third party’s New Zealand IPRs, Canon will, at its expense and option:
(a) procure the right for You to continue using the Canon Materials;
(b) modify or amend the Canon Materials to circumvent any infringement; or
(c) replace all or part of the Canon Materials with materials of a similar capability.
24.3 20.3 To the full extent permitted by law, the remedies stated in this clause 24 20 constitute Your sole remedies and Canon's sole liability with respect to any infringement.
24.4 20.4 Your rights and Canon’s indemnity under this clause 24 20 will not apply to any Canon Materials where the infringement claim arises from:
(a) Your use of the Canon Materials in combination with any third third- party product (including software) not approved by Canon or in breach of a third party license;
(b) modification of the Canon Materials by You or a third party without Canon’s approval; or
(c) the use of the Canon Materials other than as contemplated in this Agreement, including any documents (including third party licenses) supplied with the Rented Product or Canon Materials, or operating instructions provided by Canon. Part C - General Terms and Conditions
25.1 Each party agrees:
(a) it has full power and authority to enter into and perform this Agreement;
(b) to act reasonably in performing its obligations and exercising its rights under this Agreement;
(c) that when communicating with each other, it is responsible for conducting appropriate virus checks on any electronic media sent or received to or from the other party.
Appears in 1 contract
Samples: Rental and Service Agreement
Infringement of Intellectual Property Rights. 24.1 20.1 Canon will indemnify You against any final judgement, award or settlement made against You in respect of any Canon Materials suspected or alleged to infringe a third party’s New Zealand IPRs, subject to You:
(a) notifying Canon in writing of the alleged infringement as soon as reasonably practicable;
(b) not making admissions about the alleged infringement;
(c) allowing Canon to conduct the defence of any alleged infringement and You providing reasonable assistance to Canon; and
(d) agreeing the indemnity will not apply if the infringement is due to Your abnormal use or misuse of the Rented Product or Canon Materials.
24.2 20.2 If any Canon Materials are held, or in Canon's reasonable opinion are likely to be held, to be an infringement of a third party’s New Zealand IPRs, Canon will, at its expense and option:
(a) procure the right for You to continue using the Canon Materials;
(b) modify or amend the Canon Materials to circumvent any infringement; or
(c) replace all or part of the Canon Materials with materials of a similar capability.
24.3 20.3 To the full extent permitted by law, the remedies stated in this clause 24 20 constitute Your sole remedies and Canon's sole liability with respect to any infringement.
24.4 20.4 Your rights and Canon’s indemnity under this clause 24 20 will not apply to any Canon Materials where the infringement claim arises from:
(a) Your use of the Canon Materials in combination with any third third- party product (including software) not approved by Canon or in breach of a third party license;
(b) modification of the Canon Materials by You or a third party without Canon’s approval; or
(c) the use of the Canon Materials other than as contemplated in this Agreement, including any documents (including third party licenses) supplied with the Rented Product or Canon Materials, or operating instructions provided by Canon. Part C - General Terms and Conditions
25.1 Each party agrees:
(a) it has full power and authority to enter into and perform this Agreement;
(b) to act reasonably in performing its obligations and exercising its rights under this Agreement;
(c) that when communicating with each other, it is responsible for conducting appropriate virus checks on any electronic media sent or received to or from the other party.
Appears in 1 contract
Samples: Rental and Service Agreement
Infringement of Intellectual Property Rights. 24.1 Canon will indemnify You against any final judgement, award or settlement made against You in respect of any Product or Canon Materials suspected or alleged to infringe a third party’s New Zealand IPRs, subject to You:
(a) notifying Canon in writing of the alleged infringement as soon as reasonably practicable;
(b) not making admissions about the alleged infringement;
(c) allowing Canon to conduct the defence of any alleged infringement and You providing reasonable assistance to Canon; and
(d) agreeing the indemnity will not apply if the infringement is due to Your abnormal use or misuse of the Rented Product or Canon Materials.
24.2 If any Product or Canon Materials are held, or in Canon's reasonable opinion are likely to be held, to be an infringement of a third party’s New Zealand IPRs, Canon will, at its expense and option:
(a) procure the right for You to continue using the Product or Canon Materials;
(b) modify or amend the Product or Canon Materials to circumvent any infringement; or
(c) replace all or part of the Product or Canon Materials with materials of a similar capability.
24.3 To the full extent permitted by law, the remedies stated in clause 24 constitute Your sole remedies and Canon's sole liability with respect to any infringement.
24.4 Your rights and Canon’s indemnity under clause 24 will not apply to any Product or Canon Materials where the infringement claim arises from:
(a) Your use of the Product or Canon Materials in combination with any third party product (including software) not approved by Canon or in breach of a third party license;
(b) modification of the Product or Canon Materials by You or a third party without Canon’s approval; oror Part C - General Terms and Conditions
(c) the use of the Product or Canon Materials other than as contemplated in this Agreement, including any documents (including third party licenses) supplied with the Rented Product or Canon Materials, or operating instructions provided by Canon. Part C - General Terms and Conditions
25.1 Each party agrees:
(a) it has full power and authority to enter into and perform this Agreement;
(b) to act reasonably in performing its obligations and exercising its rights under this Agreement;
(c) that when communicating with each other, it is responsible for conducting appropriate virus checks on any electronic media sent or received to or from the other party.
Appears in 1 contract
Samples: Rental and Service Agreement
Infringement of Intellectual Property Rights.
24.1 Canon will indemnify You against any final judgement, award or settlement made against You in respect of any Product or Canon Materials suspected or alleged to infringe a third party’s New Zealand IPRs, subject to You:
(a) notifying Canon in writing of the alleged infringement as soon as reasonably practicable;
(b) not making admissions about the alleged infringement;
(c) allowing Canon to conduct the defence of any alleged infringement and You providing reasonable assistance to Canon; and
(d) agreeing the indemnity will not apply if the infringement is due to Your abnormal use or misuse of the Rented Product or Canon Materials.
24.2 If any Product or Canon Materials are held, or in Canon's reasonable opinion are likely to be held, to be an infringement of a third party’s New Zealand IPRs, Canon will, at its expense and option:
(a) procure the right for You to continue using the Product or Canon Materials;
(b) modify or amend the Product or Canon Materials to circumvent any infringement; or
(c) replace all or part of the Product or Canon Materials with materials of a similar capability.
24.3 To the full extent permitted by law, the remedies stated in clause 24 constitute Your sole remedies and Canon's sole liability with respect to any infringement.
24.4 Your rights and Canon’s indemnity under clause 24 will not apply to any Product or Canon Materials where the infringement claim arises from:
(a) Your use of the Product or Canon Materials in combination with any third party product (including software) not approved by Canon or in breach of a third party license;
(b) modification of the Product or Canon Materials by You or a third party without Canon’s approval; or
(c) the use of the Product or Canon Materials other than as contemplated in this Agreement, including any documents (including third party licenses) supplied with the Rented Product or Canon Materials, or operating instructions provided by Canon. Part C - General Terms and Conditions
(d) 25 All Parties’ Obligations
25.1 Each party agrees:
(a) it has full power and authority to enter into and perform this Agreement;
(b) to act reasonably in performing its obligations and exercising its rights under this Agreement;
(c) that when communicating with each other, it is responsible for conducting appropriate virus checks on any electronic media sent or received to or from the other party.
Appears in 1 contract
Samples: Rental and Service Agreement
Infringement of Intellectual Property Rights. 24.1 Canon will indemnify You against any final judgement, award or settlement made against You in respect of any Product or Canon Materials suspected or alleged to infringe a third party’s New Zealand IPRs, subject to You:
(a) notifying Canon in writing of the alleged infringement as soon as reasonably practicable;
(b) not making admissions about the alleged infringement;
(c) allowing Canon to conduct the defence of any alleged infringement and You providing reasonable assistance to Canon; and
(d) agreeing the indemnity will not apply if the infringement is due to Your abnormal use or misuse of the Rented Product or Canon Materials.
24.2 If any Product or Canon Materials are held, or in Canon's reasonable opinion are likely to be held, to be an infringement of a third party’s New Zealand IPRs, Canon will, at its expense and option:
(a) procure the right for You to continue using the Product or Canon Materials;
(b) modify or amend the Product or Canon Materials to circumvent any infringement; or
(c) replace all or part of the Product or Canon Materials with materials of a similar capability.
24.3 To the full extent permitted by law, the remedies stated in clause 24 constitute Your sole remedies and Canon's sole liability with respect to any infringement.
24.4 Your rights and Canon’s indemnity under clause 24 will not apply to any Product or Canon Materials where the infringement claim arises from:
(a) Your use of the Product or Canon Materials in combination with any third party product (including software) not approved by Canon or in breach of a third party license;
(b) modification of the Product or Canon Materials by You or a third party without Canon’s approval; or
(c) the use of the Product or Canon Materials other than as contemplated in this Agreement, including any documents (including third party licenses) supplied with the Rented Product or Canon Materials, or operating instructions provided by Canon. Part C - General Terms and Conditions
(d) 25 All Parties’ Obligations
25.1 Each party agrees:
(a) it has full power and authority to enter into and perform this Agreement;
(b) to act reasonably in performing its obligations and exercising its rights under this Agreement;
(c) that when communicating with each other, it is responsible for conducting appropriate virus checks on any electronic media sent or received to or from the other party.
Appears in 1 contract
Samples: Rental and Service Agreement
Infringement of Intellectual Property Rights. 24.1 23.1 Canon will indemnify You against any final judgement, award or settlement made against You in respect of any Product or Canon Materials suspected or alleged to infringe a third party’s New Zealand IPRs, subject to You:
(a) notifying Canon in writing of the alleged infringement as soon as reasonably practicable;
(b) not making admissions about the alleged infringement;
(c) allowing Canon to conduct the defence of any alleged infringement and You providing reasonable assistance to Canon; and
(d) agreeing the indemnity will not apply if the infringement is due to Your abnormal use or misuse of the Rented Product or Canon Materials.
24.2 23.2 If any Product or Canon Materials are held, or in Canon's reasonable opinion are likely to be held, to be an infringement of a third party’s New Zealand IPRs, Canon will, at its expense and option:
(a) procure the right for You to continue using the Product or Canon Materials;
(b) modify or amend the Product or Canon Materials to circumvent any infringement; or
(c) replace all or part of the Product or Canon Materials with materials of a similar capability.
24.3 23.3 To the full extent permitted by law, the remedies stated in clause 24 23 constitute Your sole remedies and Canon's sole liability with respect to any infringement.
24.4 23.4 Your rights and Canon’s indemnity under clause 24 23 will not apply to any Product or Canon Materials where the infringement claim arises from:
(a) Your use of the Product or Canon Materials in combination with any third party product (including software) not approved by Canon or in breach of a third party license;
(b) modification of the Product or Canon Materials by You or a third party without Canon’s approval; or
(c) the use of the Product or Canon Materials other than as contemplated in this Agreement, including any documents (including third party licenses) supplied with the Rented Product or Canon Materials, or operating instructions provided by Canon. Part C - General Terms and Conditions
25.1 Each party agrees:
(a) it has full power and authority to enter into and perform this Agreement;
(b) to act reasonably in performing its obligations and exercising its rights under this Agreement;
(c) that when communicating with each other, it is responsible for conducting appropriate virus checks on any electronic media sent or received to or from the other party.
Appears in 1 contract
Samples: Rental and Service Agreement
Infringement of Intellectual Property Rights. 24.1 Canon will indemnify You against any final judgement, award or settlement made against You in respect of any Canon Materials suspected or alleged to infringe a third party’s New Zealand IPRs, subject to You:
(a) notifying Canon in writing of the alleged infringement as soon as reasonably practicable;
(b) not making admissions about the alleged infringement;
(c) allowing Canon to conduct the defence of any alleged infringement and You providing reasonable assistance to Canon; and
(d) agreeing the indemnity will not apply if the infringement is due to Your abnormal use or misuse of the Rented Leased Product or Canon Materials.
24.2 If any Canon Materials are held, or in Canon's reasonable opinion are likely to be held, to be an infringement of a third party’s New Zealand IPRs, Canon will, at its expense and option:
(a) procure the right for You to continue using the Canon Materials;
(b) modify or amend the Canon Materials to circumvent any infringement; or
(c) replace all or part of the Canon Materials with materials of a similar capability.
24.3 To the full extent permitted by law, the remedies stated in clause 24 constitute Your sole remedies and Canon's sole liability with respect to any infringement.
24.4 Your rights and Canon’s indemnity under clause 24 will not apply to any Canon Materials where the infringement claim arises from:
(a) Your use of the Canon Materials in combination with any third party product (including software) not approved by Canon or in breach of a third party license;
(b) modification of the Canon Materials by You or a third party without Canon’s approval; or
(c) the use of the Canon Materials other than as contemplated in this Agreement, including any documents (including third party licenses) supplied with the Rented Leased Product or Canon Materials, or operating instructions provided by Canon. Part C - General Terms and Conditions
25.1 Each party agrees:
(a) it has full power and authority to enter into and perform this Agreement;
(b) to act reasonably in performing its obligations and exercising its rights under this Agreement;
(c) that when communicating with each other, it is responsible for conducting appropriate virus checks on any electronic media sent or received to or from the other party.
Appears in 1 contract
Samples: Lease and Service Agreement
Infringement of Intellectual Property Rights. 24.1 20.1 Canon will indemnify You against any final judgement, award or settlement made against You in respect of any Canon Materials suspected or alleged to infringe a third party’s New Zealand IPRs, subject to You:
(a) notifying Canon in writing of the alleged infringement as soon as reasonably practicable;
(b) not making admissions about the alleged infringement;
(c) allowing Canon to conduct the defence of any alleged infringement and You providing reasonable assistance to Canon; and
(d) agreeing the indemnity will not apply if the infringement is due to Your abnormal use or misuse of the Rented Leased Product or Canon Materials.
24.2 20.2 If any Canon Materials are held, or in Canon's reasonable opinion are likely to be held, to be an infringement of a third party’s New Zealand IPRs, Canon will, at its expense and option:
(a) procure the right for You to continue using the Canon Materials;
(b) modify or amend the Canon Materials to circumvent any infringement; or
(c) replace all or part of the Canon Materials with materials of a similar capability.
24.3 20.3 To the full extent permitted by law, the remedies stated in this clause 24 20 constitute Your sole remedies and Canon's sole liability with respect to any infringement.
24.4 20.4 Your rights and Canon’s indemnity under this clause 24 20 will not apply to any Canon Materials where the infringement claim arises from:
(a) Your use of the Canon Materials in combination with any third third- party product (including software) not approved by Canon or in breach of a third party license;
(b) modification of the Canon Materials by You or a third party without Canon’s approval; or
(c) the use of the Canon Materials other than as contemplated in this Agreement, including any documents (including third party licenses) supplied with the Rented Leased Product or Canon Materials, or operating instructions provided by Canon. Part C - General Terms and Conditions
25.1 Each party agrees:
(a) it has full power and authority to enter into and perform this Agreement;
(b) to act reasonably in performing its obligations and exercising its rights under this Agreement;
(c) that when communicating with each other, it is responsible for conducting appropriate virus checks on any electronic media sent or received to or from the other party.
Appears in 1 contract
Samples: Lease and Service Agreement