Intellectual Property Claim. For purposes of this Agreement, “Intellectual Property Claim” means any actual or threatened claim, action or proceeding relating to Intellectual Property.
Intellectual Property Claim. For purposes of this Agreement, “
Intellectual Property Claim. A claim or legal action for unauthorized use of any trade secret, patent, copyright, or trademark arising from Contractor’s performance (or that of its Affiliates or Subcontractors or Vendors) under this Contract that:
(a) concerns any Equipment and Materials or other items or services provided by Contractor, any of its Affiliates, or any Subcontractor or Vendor under this Contract;
(b) is based upon or arises out of the performance of the Work by Contractor, any of its Affiliates, or any Subcontractor or Vendor, including the use of any tools or other implements of construction by Contractor, any of its Affiliates, or any Subcontractor or Vendor; or
(c) is based upon or arises out of the design or construction of any item by Contractor under this Contract or the operation of any item according to directions embodied in Contractor’s final process design, or any revision thereof, prepared or approved by Contractor.
Intellectual Property Claim. JVCO will be responsible for any costs, losses, damages, liabilities, claims and demands arising out of or resulting from a claim that the JV Products or non JV Products provided by JVCO infringe the intellectual property rights of any Person (an "Intellectual Property Claim") except where the Intellectual Property Claim arises from the wilfull misconduct, bad faith or gross negligence of CREO or HD, in which case CREO or HD will be solely responsible for the Intellectual Property Claim SCHEDULE H
Intellectual Property Claim. Notwithstanding Section 10.3(a) and (b), any claim by a Third Party for violation, misappropriation or infringement of Intellectual Property for which a Party has the right to seek indemnification hereunder against the other Party shall be conducted and controlled by the Party whose Intellectual Property is being violated, infringed or claimed to be invalid or unenforceable. The Indemnitor shall have the exclusive right to select counsel for such Proceedings or action and the Indemnitor may consult with the Indemnitee and take into consideration Indemnitee’s view and comments to the extent reasonable in defending against any such action or Proceeding, on all material aspects of the defense. Either Party shall have the right to join the Proceeding or action defended by the Indemnitor and to be represented by counsel of its choice at its own cost and expense. Except as expressly set forth above, the Indemnitor shall pay all costs and expenses of the Indemnitee associated with such Proceedings or action other than the expenses of the Indemnitee if the Indemnitee elects to join the Proceedings or action as set forth above. [Redacted: Settlement Conditions].
Intellectual Property Claim. Xxxxxx agrees to defend, protect PCAT and PCAT customer against all claims, expenses, damages, liabilities, obligations, cost of action, suits, injury of any kind that result from Seller’s Goods and/or Services infringe with the Intellectual property rights. Seller shall bear all costs and expenses including legal fees incurred by PCAT and PCAT customer.
Intellectual Property Claim
