Common use of Infringement of Patent or Copyright Clause in Contracts

Infringement of Patent or Copyright. To the extent allowable by law and subject to ORC 109.02, SUBGRANTEE agrees to defend any suit or proceeding brought against THE STATE, any official or employee of THE STATE acting in his or her official capacity, or the State of Ohio due to any alleged infringement of patent or copyright arising out of the performance of this Agreement, including all work, services, materials, reports, studies, and computer programs provided by SUBGRANTEE. THE STATE will provide prompt notification in writing of such suit or proceeding; full right, authorization, and opportunity to conduct the defense thereof; and full disclosure of information along with all reasonable cooperation for the defense of the suit. THE STATE may participate in the defense of any such action. SUBGRANTEE agrees to pay all damages and costs awarded against THE STATE, any official or employee of THE STATE in his or her official capacity, or the State of Ohio as a result of any suit or proceeding referred to in this Section. If any information and/or assistance are furnished by THE STATE at SUBGRANTEE’s written request, it is at SUBGRANTEE’s expense. If any of the materials, reports, or studies provided by SUBGRANTEE are found to be infringing items and the use or publication thereof is enjoined, SUBGRANTEE agrees to, at its own expense and at its option, either procure the right to publish or continue use of such infringing materials, reports, or studies; replace them with non-infringing items of equivalent value; or modify them so that they are no longer infringing. The obligations of SUBGRANTEE under this Section survive the termination of this Agreement, without limitation.

Infringement of Patent or Copyright. To the extent allowable by law and subject to ORC 109.02, SUBGRANTEE GRANTEE agrees to defend any suit or proceeding brought against THE STATEODJFS, any official or employee of THE STATE ODJFS acting in his or her official capacity, or the State of Ohio due to any alleged infringement of patent or copyright arising out of the performance of this Agreement, including all work, services, materials, reports, studies, and computer programs provided by SUBGRANTEEGRANTEE. THE STATE ODJFS will provide prompt notification in writing of such suit or proceeding; full right, authorization, and opportunity to conduct the defense thereof; and full disclosure of information along with all reasonable cooperation for the defense of the suit. THE STATE ODJFS may participate in the defense of any such action. SUBGRANTEE GRANTEE agrees to pay all damages and costs awarded against THE STATEODJFS, any official or employee of THE STATE ODJFS in his or her official capacity, or the State of Ohio as a result of any suit or proceeding referred to in this Section. Section C. If any information and/or assistance are is furnished by THE STATE ODJFS at SUBGRANTEEGRANTEE’s written request, it is at SUBGRANTEEGRANTEE’s expense. If any of the materials, reports, or studies provided by SUBGRANTEE GRANTEE are found to be infringing items and the use or publication thereof is enjoined, SUBGRANTEE GRANTEE agrees to, at its own expense and at its option, either procure the right to publish or continue use of such infringing materials, reports, or studies; replace them with non-infringing items of equivalent value; or modify them so that they are no longer infringing. The obligations of SUBGRANTEE GRANTEE under this Section survive the termination of this Agreement, without limitation.

Infringement of Patent or Copyright. To the extent allowable by law and subject to ORC 109.02, SUBGRANTEE XXXXXXX agrees to defend any suit or proceeding brought against THE STATEODJFS, any official or employee of THE STATE ODJFS acting in his or her official capacity, or the State of Ohio due to any alleged infringement of patent or copyright arising out of the performance of this Agreement, including all work, services, materials, reports, studies, and computer programs provided by SUBGRANTEEGRANTEE. THE STATE ODJFS will provide prompt notification in writing of such suit or proceeding; full right, authorization, and opportunity to conduct the defense thereof; and full disclosure of information along with all reasonable cooperation for the defense of the suit. THE STATE ODJFS may participate in the defense of any such action. SUBGRANTEE XXXXXXX agrees to pay all damages and costs awarded against THE STATEODJFS, any official or employee of THE STATE ODJFS in his or her official capacity, or the State of Ohio as a result of any suit or proceeding referred to in this Section. Section C. If any information and/or assistance are is furnished by THE STATE ODJFS at SUBGRANTEEGRANTEE’s written request, it is at SUBGRANTEEGRANTEE’s expense. If any of the materials, reports, or studies provided by SUBGRANTEE GRANTEE are found to be infringing items and the use or publication thereof is enjoined, SUBGRANTEE GRANTEE agrees to, at its own expense and at its option, either procure the right to publish or continue use of such infringing materials, reports, or studies; replace them with non-infringing items of equivalent value; or modify them so that they are no longer infringing. The obligations of SUBGRANTEE GRANTEE under this Section survive the termination of this Agreement, without limitation.

Infringement of Patent or Copyright. To the extent allowable by law and subject Subject to ORC 109.02, SUBGRANTEE XXXXXXX agrees to defend any suit or proceeding brought against THE STATEODJFS, any official or employee of THE STATE ODJFS acting in his or her official capacity, or the State of Ohio due to any alleged infringement of patent or copyright arising out of the performance of this Agreement, including all work, services, materials, reports, studies, and computer programs provided by SUBGRANTEEXXXXXXX. THE STATE ODJFS will provide prompt notification in writing of such suit or proceeding; full right, authorization, and opportunity to conduct the defense thereof; and full disclosure of information along with all reasonable cooperation for the defense of the suit. THE STATE ODJFS may participate in the defense of any such action. SUBGRANTEE XXXXXXX agrees to pay all damages and costs awarded against THE STATEODJFS, any official or employee of THE STATE ODJFS in his or her official capacity, or the State of Ohio as a result of any suit or proceeding referred to in this Section. Section C. If any information and/or assistance are is furnished by THE STATE ODJFS at SUBGRANTEEGRANTEE’s written request, it is at SUBGRANTEEGRANTEE’s expense. If any of the materials, reports, or studies provided by SUBGRANTEE GRANTEE are found to be infringing items and the use or publication thereof is enjoined, SUBGRANTEE GRANTEE agrees to, at its own expense and at its option, either procure the right to publish or continue use of such infringing materials, reports, or studies; replace them with non-infringing items of equivalent value; or modify them so that they are no longer infringing. The obligations of SUBGRANTEE GRANTEE under this Section survive the termination of this Agreement, without limitation.

Infringement of Patent or Copyright. To the extent allowable by law and subject to ORC 109.02, SUBGRANTEE 109.02,GRANTEE agrees to defend any suit or proceeding brought against THE STATEODJFS, any official or employee of THE STATE ODJFS acting in his or her official capacity, or the State of Ohio due to any alleged infringement of patent or copyright orcopyright arising out of the performance of this Agreement, including all work, services, materials, reports, studies, and computer programs provided by SUBGRANTEEGRANTEE. THE STATE ODJFS will provide prompt notification in writing of such suit or proceeding; full right, authorization, and opportunity to conduct the defense thereof; and full disclosure of information along with all reasonable cooperation for the defense of the suit. THE STATE ODJFS may participate in the defense of any such action. SUBGRANTEE GRANTEE agrees to pay all damages and costs awarded against THE STATEODJFS, any official or employee of THE STATE ODJFS in his or her official capacity, or the State of Ohio as a result of any suit or proceeding referred to in this Section. If any information and/or assistance are is furnished by THE STATE ODJFS at SUBGRANTEEGRANTEE’s written request, it is at SUBGRANTEEGRANTEE’s expense. If any of the materials, reports, or studies provided by SUBGRANTEE GRANTEE are found to be infringing items and the use or publication thereof is enjoined, SUBGRANTEE GRANTEE agrees to, at its own expense and at its option, either procure the right to publish or continue use of such infringing materials, reports, or studies; replace them with non-infringing items of equivalent value; or modify them so that they are no longer infringing. The obligations of SUBGRANTEE GRANTEE under this Section survive the termination of this Agreement, without limitation.