Intellectual Property Infringement Claims. OTC Markets Group shall respond promptly to claims of intellectual property infringement, shall promptly investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws in response to such infringements. In the event that OTC Markets Group receives information claiming that the Content infringes the intellectual property of some person, OTC Markets Group may attempt to contact the Company in order to give the Company an opportunity to respond to the notice of infringement. Any and all responses to the notice of infringement will be furnished to the complaining party. OTC Markets Group will give the complaining party an opportunity to seek judicial relief prior to restoring any Content as a result of the response to the notice of infringement. Notices of any claimed infringement should be sent to Office of the General Counsel at OTC Markets Group via e-mail to xxxx@xxxxxxxxxx.xxx or via mail to OTC Markets Group Inc., 000 Xxxxxx Xxxxxx, 3rd Floor, New York, NY 10013, attention of the Office of the General Counsel. Please put NOTICE OF INFRINGEMENT in the subject line of all such notifications.

Intellectual Property Infringement Claims. The Company is registered under the Digital Millennium Copyright Act of 1998. In accordance with Xxxxx 00, Xxxxxx Xxxxxx Code, Section 512(c)(3), if you believe that a web page hosted by the Company is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with the Company's designated agent. XXXX.xxx

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Intellectual Property Infringement Claims. (a) We will, at our sole cost and expense, defend and indemnify or, at our option, settle, any claim, assertion or action brought against Purchaser or Purchaser’s affiliates, successors or assigns to the extent that it is based on a claim (an “Infringement Claim”) that any of our Products which we have supplied to Purchaser directly or through an authorized reseller infringes any copyright, patent, trade secret or trademark of any third party (excluding any of Purchaser’s affiliates) and indemnify Purchaser against damages awarded against Purchaser by a court of competent jurisdiction by final order from which no appeal is taken or after the time for appealing has expired, provided that Purchaser: (i) notify us promptly and within no more than 10 days after Purchaser’s receipt of notice of such claim in writing; and (ii) permit us to defend, compromise or settle the claim or action and provide all available information, assistance and authority to enable us to do so. We shall not be liable to reimburse Purchaser for any compromise or settlement made by Purchaser without our prior written consent, or for any legal fees or expenses incurred by Purchaser in connection with such claim. (b) Should any of our Products or any part thereof become, or in our sole opinion are likely to become, the subject of an Infringement Claim, we may, at our option and expense: (i) procure, at no cost to Purchaser, the right to continue to use such Products which are the subject of the Infringement Claim; (ii) replace or modify the Products or infringing part thereof with non-infringing equivalents, at no cost to Purchaser; or (iii) if none of the foregoing alternatives are reasonably practical in our sole judgement, we may: (A) in the case of software or services, terminate such services or the licenses for such software and refund or issue a credit for any prepaid but unused fees for such software or services, if any; and/or (B) in the case of our devices, require Purchaser to return such devices and refund or issue a credit for the purchase price paid by Purchaser to us for the devices returned, depreciated on a straight-line basis over a 36 month period from the date of purchase. (c) We have no obligation or liability whatsoever in respect of any Infringement Claim that is based on any of the following (collectively, the “Excluded Claims”): (i) in the case of any software, the use of other than the latest release and version of such software; (ii) the use of any Products in ...

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Intellectual Property Infringement Claims. In accordance with Title 17, United States Code, Section 512(c)(3), if you believe that a web page hosted by the Company is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with the Company's designated agent. xxx.xxxxxxxxxxx.xxx/xxxxxxxxxxxx/xxxxxxxxxxxxxxxxxxxxxxxxxxx.xxx

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Intellectual Property Infringement Claims. Waverly Hall Communications is registered under the Digital Millennium Copyright Act of 1998. In accordance with Xxxxx 00, Xxxxxx Xxxxxx Code, Section 512(c)(3), if you believe that a Web page hosted by Waverly Hall Communications is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with Waverly Hall Communications designated agent. xxx.xxxxxxx.xx/xxxxxxxxxxxxxxxxxxxxx.xxx

Intellectual Property Infringement Claims. 9.9.1 Each Participant will notify the other Participants of any Intellectual Property infringement claims brought against that Participant arising in the course of work performed under the Project on behalf of one or more of the other Participants. Insofar as possible, the other applicable Participants will provide Information available to them that may assist in defending such claims. Each Participant will be responsible for handling such Intellectual Property infringement claims brought against it, and will consult with the other Participants during the handling, and prior to any settlement, of such claims. The Participants will share the costs of resolving such Intellectual Property infringement claims in proportion to their financial contributions for that work specified in Section V (Financial Provisions). The Participants will, as permitted by their national laws, regulations, and practices, give their authorization and consent for all use and manufacture in the course of work performed under the Project of any invention covered by Patent, or as determined to be necessary for work under the Project, authorization and consent for Non- commercial copyright, granted or otherwise provided by their respective countries.

Intellectual Property Infringement Claims. In the event of a third party claim of intellectual property infringement, The Switch may, at its sole option, (i) obtain for Customer the right to continue using the Services, (ii) modify the Services so that the Services are non-infringing, (iii) replace the Services with a functionally equivalent, non-infringing service, or (iv) if the alternatives in Section 12.4(i)-(iii) are not available, The Switch may so notify Customer and terminate such infringing Services without penalty to either Party. Notwithstanding anything in this Agreement to the contrary, this Section 12.4 is Customer’s sole and exclusive remedy for any intellectual property infringement claims.

Intellectual Property Infringement Claims. (a) Q-Med and NSH shall indemnify, defend and hold harmless the Bioventus Indemnified Parties from and against any and all Losses (including expert fees and expenses) in connection with any claims, actions or proceedings instituted against any of the Bioventus Indemnified Parties, including all appeals thereof, that arise out of or result from the infringement of a Third Party’s patent rights or the misappropriation by Q-Med or NSH of any trade secrets of a Third Party by the importation, offer for sale, sale or use of the Licensed Product for any use in the Licensed Field or, to the extent such claims, actions or proceedings arise of the composition of matter of the Licensed Product, any use to treat osteoarthritis in other synovial joints (a “Durolane IP Claim”). For the avoidance of doubt, Durolane IP Claims do not include claims arising out of the infringement of patents claiming any use outside of the Licensed Field. Q-Med’s and NSH’s indemnification obligations under Section 10.3(a) exclude indemnification for increased, enhanced or treble damages assessed under 35 U.S.C. 284 in an infringement action as a result of any willful or intentional acts or conduct on the part of any of the Bioventus Indemnified Parties, except to the extent Bioventus acts in reliance upon a legal opinion or other directive provided by or at the request of Q-Med or NSH. (b) In connection with any Durolane IP Claim by a Third Party, Q-Med shall be responsible for the payment of all royalties and all other payments to such Third Party under any license or other agreement entered into by Q-Med or NSH or, with the approval and at the direction of Q-Med, Bioventus in respect of the use of such Third Party’s IP rights to Commercialize the Licensed Product for the uses referred to in paragraph (a) above. Q-Med shall have the sole right, in its sole discretion, to settle any such claim or enter into any such license or other settlement agreement.

Intellectual Property Infringement Claims. 8.9.1. Each Participant will notify the other Participants of any Intellectual Property infringement claims brought against that Participant arising in the course of work performed under the Project on behalf of one or more of the other Participants. Insofar as possible, the other applicable Participants will provide Information available to them that may assist in defending such claims. Each Participant will be responsible for handling all Intellectual Property infringement claims brought against it, and will consult with the other Participants during the handling, and prior to any settlement, of such claims. The Participants will share the costs of resolving Intellectual Property infringement claims applying the same ratios as specified for their financial contributions in subparagraphs 5.2.1. through 5.2.4. of Section V (Financial Provisions) or in accordance with their financial responsibility for unique national requirements in paragraph 5.5. of Section V (Financial Provisions), as applicable, for that work in this F-35 IOT&E MOU.

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