Infringement of the Law – Infringement of Third Party Rights. 5.2.1 The Agency shall not be responsible if the Contractor infringes the laws or statutes of its country or of any other country whatsoever. 5.2.2 In the event of a reasonable suspicion of infringement of any patent rights and other Intellectual Property Rights of Third Party, the Work being performed under this Contract shall be stopped immediately. Assessment of the suspicion shall be performed by the Contractor and if confirmed, both Parties shall agree on a new approach to achieve the objectives of this Contract, either by obtaining the applicable licence(s) from Third Party by the Contractor and/or by signing a Contract Change Notice (CCN) agreed upon between both Parties, in order to avoid the infringement. The purpose of the CCN shall be either to restart the Work, if plausible due under the changed circumstances; or to terminate the Contract, in accordance with Article 5.5.3 hereunder, if the infringement cannot be avoided. Notwithstanding the above, the Contractor shall indemnify the Agency from and against all claims, proceedings, damages, costs and expenses arising from infringement or alleged infringement of any patent rights and other Intellectual Property Rights of Third Party with respect to the Work under this Contract. This obligation does not extend to infringements resulting from the use of documents, patterns, drawings or items supplied by the Agency or from a modification or combination of the deliverables due hereunder made by the Agency after their acceptance.
Appears in 5 contracts
Samples: Contract, Partnership Agreement, Esa Contract
Infringement of the Law – Infringement of Third Party Rights. 5.2.1 The Agency shall not be responsible if the Contractor infringes the laws or statutes of its his country or of any other country whatsoever.
5.2.2 In the event of a reasonable suspicion of infringement of any patent rights and other Intellectual Property Rights of Third PartyParties, the Work being performed under this Contract shall be stopped immediately. Assessment of the suspicion shall be performed by the Contractor and if confirmed, both Parties shall agree on a new approach to achieve the objectives of this Contract, either by obtaining the applicable licence(s) from Third Party Party(ies) by the Contractor and/or by signing a Contract Change Notice (CCN) agreed upon between both Parties, in order to avoid the infringement. The purpose of the CCN shall be either to restart the Work, if plausible due under the changed circumstances; or to terminate the Contract, in accordance with Article 5.5.3 hereunder, if the infringement cannot be avoided. Notwithstanding the above, the Contractor shall indemnify the Agency from and against all claims, proceedings, damages, costs and expenses arising from infringement or alleged infringement of any patent rights and other Intellectual Property Rights of Third Party Parties with respect to the Work under this Contract. This obligation does not extend to infringements resulting from the use of documents, patterns, drawings or items supplied by the Agency or from a modification or combination of the deliverables due hereunder made by the Agency after their acceptance.
Appears in 2 contracts
Samples: Contract, Expro Service
Infringement of the Law – Infringement of Third Party Rights. 5.2.1 The Agency shall not be responsible if the Contractor infringes the laws or statutes of its country or of any other country whatsoever.
5.2.2 In the event of a reasonable suspicion of infringement of any patent rights and other Intellectual Property Rights of a Third Party, the Work being performed under this Contract shall be stopped immediately. Assessment of the suspicion shall be performed by the Contractor and and, if confirmed, both Parties shall agree on a new approach to achieve the objectives of this Contract, either by obtaining the applicable licence(s) from the Third Party by the Contractor and/or by signing a Contract Change Notice (CCN) agreed upon between both Parties, in order to avoid the infringement. The purpose of the CCN shall be either to (i) restart the Work, if plausible plausible, due under the changed circumstances; or to (ii) terminate the Contract, in accordance with Article Article
5.5.3 hereunder, if the infringement cannot be avoided. Notwithstanding the above, the Contractor shall indemnify the Agency from and against all claims, proceedings, damages, costs and expenses arising from infringement or alleged infringement of any patent rights and other Intellectual Property Rights of a Third Party with respect to the Work under this Contract. This obligation does not extend to infringements resulting from the use of documents, patterns, drawings or items supplied by the Agency or from a modification or combination of the deliverables due hereunder made by the Agency after their acceptance.
Appears in 1 contract
Samples: Esa Contract
Infringement of the Law – Infringement of Third Party Rights. 5.2.1 The Agency shall not be responsible if the Contractor infringes the laws or statutes of its his country or of any other country whatsoever.
5.2.2 In the event of a reasonable suspicion of infringement of any patent rights and other Intellectual Property Rights of Third Partythird parties, the Work being performed under this Contract shall be stopped immediately. Assessment of the suspicion shall be performed by the Contractor and if confirmed, both Parties shall agree on a new approach to achieve the objectives of this Contract, either by obtaining the applicable licence(s) from Third Party third party(ies) by the Contractor and/or by signing a Contract Change Notice (CCN) agreed upon between both Parties, in order to avoid the infringement. The purpose of the CCN shall be either to restart the Work, if plausible due under the changed circumstances; or to terminate the Contract, in accordance with Article 5.5.3 5.5.4 hereunder, if the infringement cannot be avoided. Notwithstanding the above, the Contractor shall indemnify the Agency from and against all claims, proceedings, damages, costs and expenses arising from infringement or alleged infringement of any patent rights and other Intellectual Property Rights of Third Party third parties with respect to the Work under this Contract. This obligation does not extend to infringements resulting from the use of documents, patterns, drawings or items supplied by the Agency or from a modification or combination of the deliverables due hereunder made by the Agency after their acceptance.
Appears in 1 contract
Samples: Esa Contract