Infringement of IP rights. 13.1. The Contractor shall ensure that the delivery and the use of the Contractual Services does not violate copyrights or other proprietary rights of third parties. The Contractor shall indemnify and hold harmless E.ON and all Beneficiaries against any third-party claims for infringement of such rights. 13.2. If the rights of third parties are infringed by the agreed deliveries and/or services or by their use, the Contractor shall either procure for E.ON the right to unencumbered use at its own expense, or modify the affected deliveries and/or services immediately at its own expense so that the affected deliveries and/or services are no longer affected by property rights, but they nonetheless satisfy the requirements defined in this Contract. Further claims and rights of E.ON are not affected by this.
Appears in 4 contracts
Samples: General Terms and Conditions of Purchase, General Terms and Conditions of Purchase, General Terms and Conditions of Purchase
Infringement of IP rights. 13.112.1. The Contractor shall ensure that the delivery and the contractual use of the Contractual Services does not violate copyrights or other proprietary rights of third parties. The Contractor shall indemnify and hold harmless E.ON and all Beneficiaries against any third-party claims for infringement of such rights.
13.212.2. If the rights of third parties are infringed by the agreed deliveries and/or services Contractual Services or by their use, the Contractor shall either procure for E.ON the right to unencumbered use at its own expense, or modify the affected deliveries and/or services Contractual Services immediately at its own expense so that the affected deliveries and/or services Contractual Services are no longer affected by property rights, but they nonetheless satisfy the requirements defined in this Contract. Further claims and rights of E.ON are not affected by this.
Appears in 4 contracts
Samples: Standard Software Purchase Agreement, Standard Software Purchase Agreement, Standard Software Purchase Agreement
Infringement of IP rights. 13.1. The Contractor shall ensure that the delivery and the contractual use of the Contractual Services does not violate copyrights or other proprietary rights of third parties. The Contractor shall indemnify and hold harmless E.ON and all Beneficiaries against any third-party claims for infringement of such rights.
13.2. If the rights of third parties are infringed by the agreed deliveries and/or services Contractual Services or by their use, the Contractor shall either procure for E.ON the right to unencumbered use at its own expense, or modify the affected deliveries and/or services Contractual Services immediately at its own expense so that the affected deliveries and/or services Contractual Services are no longer affected by property rights, but they nonetheless satisfy the requirements defined in this Contract. Further claims and rights of E.ON are not affected by this.
Appears in 4 contracts
Samples: It Services Agreement, It Services Agreement, It Services Agreement
Infringement of IP rights. 13.116.1. The Contractor shall ensure that the delivery and the contractual use of the Contractual Services does not violate copyrights or other proprietary rights of third parties. The Contractor shall indemnify and hold harmless E.ON and all Beneficiaries against any third-party claims for infringement of such rights.
13.216.2. If the rights of third parties are infringed by the agreed deliveries and/or services Contractual Services or by their use, the Contractor shall either procure for E.ON the right to unencumbered use at its own expense, or modify the affected deliveries and/or services Contractual Services immediately at its own expense so that the affected deliveries and/or services Contractual Services are no longer affected by property rights, but they nonetheless satisfy the requirements defined in this Contract. Further claims and rights of E.ON are not affected by this.
Appears in 3 contracts
Samples: Software Maintenance Agreement, Software Maintenance Agreement, Software Maintenance Agreement
Infringement of IP rights. 13.115.1. The Contractor shall ensure that the delivery and the contractual use of the Contractual Services does not violate copyrights or other proprietary rights of third parties. The Contractor shall indemnify and hold harmless E.ON and all Beneficiaries against any third-third- party claims for infringement of such rights.
13.215.2. If the rights of third parties are infringed by the agreed deliveries and/or services Contractual Services or by their use, the Contractor shall either procure for E.ON the right to unencumbered use at its own expense, or modify the affected deliveries and/or services Contractual Services immediately at its own expense so that the affected deliveries and/or services Contractual Services are no longer affected by property rights, but they nonetheless satisfy the requirements defined in this Contract. Further claims and rights of E.ON are not affected by this.
Appears in 3 contracts
Samples: Cloud Solutions Agreement, Cloud Solutions Agreement, Cloud Solutions Agreement
Infringement of IP rights. 13.114.1. The Contractor shall ensure that the delivery and the contractual use of the Contractual Services does not violate copyrights or other proprietary rights of third parties. The Contractor shall indemnify and hold harmless E.ON and all Beneficiaries against any third-third- party claims for infringement of such rights.
13.214.2. If the rights of third parties are infringed by the agreed deliveries and/or services Contractual Services or by their use, the Contractor shall either procure for E.ON the right to unencumbered use at its own expense, or modify the affected deliveries and/or services Contractual Services immediately at its own expense so that the affected deliveries and/or services Contractual Services are no longer affected by property rights, but they nonetheless satisfy the requirements defined in this Contract. Further claims and rights of E.ON are not affected by this.
Appears in 2 contracts
Samples: Software Development Agreement, Software Development Agreement
Infringement of IP rights. 13.1. The Contractor shall ensure that the delivery and the use of the Contractual Services does not violate copyrights or other proprietary rights of third parties. The Contractor shall indemnify and hold harmless E.ON and all Beneficiaries against any third-party claims for infringement of such rights.
13.2. If the rights of third parties are infringed by the agreed deliveries and/or services or by their use, the Contractor shall either procure for E.ON the right to unencumbered use at its own expense, or modify the affected deliveries and/or services immediately imme- diately at its own expense so that the affected deliveries and/or services are no longer affected by property rights, but they nonetheless satisfy the requirements defined in this Contract. Further claims and rights of E.ON are not affected by this.
Appears in 1 contract
Samples: General Terms and Conditions
Infringement of IP rights. 13.1. The Contractor shall ensure that the delivery and the contractual use of the Contractual Services does not violate copyrights or other proprietary rights of third parties. The Contractor shall indemnify and hold harmless E.ON and all Beneficiaries against any third-third- party claims for infringement of such rights.
13.2. If the rights of third parties are infringed by the agreed deliveries and/or services Contractual Services or by their use, the Contractor shall either procure for E.ON the right to unencumbered use at its own expense, or modify the affected deliveries and/or services Contractual Services immediately at its own expense so that the affected deliveries and/or services Contractual Services are no longer affected by property rights, but they nonetheless satisfy the requirements defined in this Contract. Further claims and rights of E.ON are not affected by this.
Appears in 1 contract
Samples: It Services Agreement
Infringement of IP rights. 13.1. The Contractor shall ensure that the delivery and the use of the Contractual Services does not violate copyrights or other proprietary rights of third parties. The Contractor shall indemnify and hold harmless E.ON and all Beneficiaries against any third-third- party claims for infringement of such rights.
13.2. If the rights of third parties are infringed by the agreed deliveries and/or services or by their use, the Contractor shall either procure for E.ON the right to unencumbered use at its own expense, or modify the affected deliveries and/or services immediately at its own expense so that the affected deliveries and/or services are no longer affected by property rights, but they nonetheless satisfy the requirements defined in this Contract. Further claims and rights of E.ON are not affected by this.
Appears in 1 contract
Infringement of IP rights. 13.112.1. The Contractor shall ensure that the delivery and the contractual use of the Contractual Services does not violate copyrights or other proprietary proprie- tary rights of third parties. The Contractor shall indemnify and hold harmless E.ON and all Beneficiaries against any third-party claims for infringement of such rights.
13.212.2. If the rights of third parties are infringed by the agreed deliveries and/or services Contractual Services or by their use, the Contractor shall either procure for E.ON the right to unencumbered use at its own expense, or modify the affected deliveries and/or services Con- tractual Services immediately at its own expense so that the affected deliveries and/or services Contractual Services are no longer affected by property rights, but they nonetheless satisfy the requirements defined in this Contract. Further claims and rights of E.ON are not affected by this.
Appears in 1 contract
Samples: General Terms and Conditions
Infringement of IP rights. 13.116.1. The Contractor shall ensure that the delivery and the contractual use of the Contractual Services does not violate copyrights or other proprietary proprie- tary rights of third parties. The Contractor shall indemnify and hold harmless E.ON and all Beneficiaries against any third-party claims for infringement of such rights.
13.216.2. If the rights of third parties are infringed by the agreed deliveries and/or services Contractual Services or by their use, the Contractor shall either procure for E.ON the right to unencumbered use at its own expense, or modify the affected deliveries and/or services Con- tractual Services immediately at its own expense so that the affected deliveries and/or services Contractual Services are no longer affected by property rights, but they nonetheless satisfy the requirements defined in this Contract. Further claims and rights of E.ON are not affected by this.
Appears in 1 contract
Samples: General Terms and Conditions
Infringement of IP rights. 13.115.1. The Contractor shall ensure that the delivery and the contractual use of the Contractual Services does not violate copyrights or other proprietary proprie- tary rights of third parties. The Contractor shall indemnify and hold harmless E.ON and all Beneficiaries against any third-party claims for infringement of such rights.
13.215.2. If the rights of third parties are infringed by the agreed deliveries and/or services Contractual Services or by their use, the Contractor shall either procure for E.ON the right to unencumbered use at its own expense, or modify the affected deliveries and/or services Con- tractual Services immediately at its own expense so that the affected deliveries and/or services Contractual Services are no longer affected by property rights, but they nonetheless satisfy the requirements defined in this Contract. Further claims and rights of E.ON are not affected by this.
Appears in 1 contract
Samples: Cloud Services Agreement
Infringement of IP rights. 13.1. The Contractor shall ensure that the delivery and the contractual use of the Contractual Services does not violate copyrights or other proprietary proprie- tary rights of third parties. The Contractor shall indemnify and hold harmless E.ON and all Beneficiaries against any third-party claims for infringement of such rights.
13.2. If the rights of third parties are infringed by the agreed deliveries and/or services Contractual Services or by their use, the Contractor shall either procure for E.ON the right to unencumbered use at its own expense, or modify the affected deliveries and/or services Con- tractual Services immediately at its own expense so that the affected deliveries and/or services Contractual Services are no longer affected by property rights, but they nonetheless satisfy the requirements defined in this Contract. Further claims and rights of E.ON are not affected by this.
Appears in 1 contract
Samples: General Terms and Conditions
Infringement of IP rights. 13.114.1. The Contractor shall ensure that the delivery and the contractual use of the Contractual Services does not violate copyrights or other proprietary proprie- tary rights of third parties. The Contractor shall indemnify and hold harmless E.ON and all Beneficiaries against any third-party claims for infringement of such rights.
13.214.2. If the rights of third parties are infringed by the agreed deliveries and/or services Contractual Services or by their use, the Contractor shall either procure for E.ON the right to unencumbered use at its own expense, or modify the affected deliveries and/or services Con- tractual Services immediately at its own expense so that the affected deliveries and/or services Contractual Services are no longer affected by property rights, but they nonetheless satisfy the requirements defined in this Contract. Further claims and rights of E.ON are not affected by this.
Appears in 1 contract
Samples: Software Development Agreement