Inscription Services. In the event RapLab provides inscription services by laser inscribing any Article(s) the following provisions shall apply:
a. The Client agrees that in accepting delivery of the Article, and in placing the inscription on the Article, RapLab is and will be acting in reliance on and in consideration of the following agreements by the Client:
i. Client represents and warrants that the Client is the owner of, or has obtained all necessary consents, authorizations or licenses for the lawful use of any copyright, trademark, moral or other intellectual property embodied in the Inscription.
ii. Client agrees to indemnify and hold harmless RapLab, and its directors, managers, shareholders, employees and agents against any and all loss, liability or expense, including attorneys’ fees, for any error in, omission from, or use of, the inscription, including but not limited to a claim made by a third party that the inscription or any parts or elements thereof infringe upon the copyright, trademark, service xxxx, moral or other intellectual property rights of such third party (each, an “infringement claim”), even if caused by or resulting from the negligence or other fault or omission of RapLab, or any of its directors, managers, shareholders, employees or agents. Client hereby releases and discharges RapLab, and its directors, managers, shareholders, employees and agents from any and all claims and demands whatsoever, including claims and demands for the negligence or other fault or omission of RapLab, or any of its directors, managers, shareholders, employees or agents, from any error in, omission from, or use of, the said inscription.
iii. Client agrees that upon demand by RapLab, the Client shall diligently defend any infringement claim which is made or commenced against RapLab, whether alone or together with the Client or any other person, all at the client’s own cost and expense and by counsel to be approved by RapLab in the exercise of its reasonable judgment. In the alternative, RapLab may, at any time, elect to conduct its own defense through counsel selected by it at the cost and expense of the Client.
b. Client further agrees that any and all fees due for inscription services shall be paid to RapLab in accordance with the Schedule of fees for such inscription services as may be published and available from time to time on the XxxXxx.xxx website, and otherwise in accordance with the terms of this Agreement.
c. The Client acknowledges that (i) the inscription do...
