Common use of Infringement of the Law – Infringement of Third Party Rights Clause in Contracts

Infringement of the Law – Infringement of Third Party Rights. 6.2.1 The Customer shall not be responsible if the Subcontractor infringes the laws or statutes of its country or of any other country whatsoever. 6.2.2 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 Subcontractor 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 Subcontractor 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, due under the changed circumstances; or (ii) terminate the Contract, in accordance with Article 6.5.3 hereunder, if the infringement cannot be avoided. Notwithstanding the above, the Subcontractor shall indemnify the Customer 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 Customer or from a modification or combination of the deliverables due hereunder made by the Customer after their acceptance.

Appears in 2 contracts

Samples: Subcontractor Agreement, Subcontractor Agreement

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Infringement of the Law – Infringement of Third Party Rights. 6.2.1 The Customer Contractor shall not be responsible if the Subcontractor infringes the laws or statutes of its country or of any other country whatsoever. 6.2.2 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 Subcontractor 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 Subcontractor 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, due under the changed circumstances; or (ii) terminate the Contract, in accordance with Article 6.5.3 hereunder, if the infringement cannot be avoided. Notwithstanding the above, the Subcontractor shall indemnify the Customer Contractor 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 Customer Contractor or from a modification or combination of the deliverables due hereunder made by the Customer Contractor after their acceptance.

Appears in 1 contract

Samples: Contract

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Infringement of the Law – Infringement of Third Party Rights. 6.2.1 5.2.1 The Customer Agency shall not be responsible if the Subcontractor Contractor infringes the laws or statutes of its country or of any other country whatsoever. 6.2.2 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 Subcontractor 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 the Third Party by the Subcontractor 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, due under the changed circumstances; or (ii) terminate the Contract, in accordance with Article 6.5.3 5.7.4 hereunder, if the infringement cannot be avoided. Notwithstanding the above, the Subcontractor Contractor shall indemnify the Customer 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 Customer Agency or from a modification or combination of the deliverables due hereunder made by the Customer Agency after their acceptance.

Appears in 1 contract

Samples: Contract

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