Common use of Intellectual Property Infringement Protection Clause in Contracts

Intellectual Property Infringement Protection. If a third party claims that a Lenovo branded Product that Reseller obtains from Reseller's Distributor under this Agreement infringes that party's patents or copyrights, Lenovo shall defend Reseller against that claim at Lenovo’s expense and pay all costs, damages and attorney's fees that a court finally awards against Reseller, or that are included in a settlement approved by Lenovo, provided that Reseller: (i) promptly notifies Lenovo in writing of the claim; (ii) allows Lenovo to control, and cooperates with Lenovo in, the defense and any related settlement negotiations; and (iii) is and remains in compliance with Reseller's obligations in this Section 21. The foregoing is Lenovo’s entire obligation to Reseller regarding any claim of infringement. If such a claim is made or appears likely to be made, and Reseller maintains inventory of Products, Reseller shall permit Lenovo, in its discretion, to enable Reseller to continue to use and sell the Products; to modify them; or to replace them with Products that are at least functionally equivalent. If Lenovo determines that none of these alternatives is reasonably available, Reseller shall promptly return the Products to Reseller's Distributor upon Lenovo's written request. Lenovo will then provide a credit to Reseller's Distributor equal to the amount paid for the Products. Lenovo shall have no obligation regarding any claim based on: i) anything Reseller, Reseller's Distributor or a third party on Reseller's behalf provides which is incorporated into, or combined with a Product; ii) unauthorized modification of a Product by Reseller, Reseller's Distributor or a third party on Reseller's behalf; iii) the combination, operation, or use of a Product with any products not provided by Lenovo as a system, or the combination, operation, or use of a Product with any product, data, apparatus or business method that Lenovo did not provide; iv) Lenovo’s compliance with Reseller’s specifications or requirements; or (v) infringement by a third party product alone, as opposed to its combination with Lenovo Products.

Intellectual Property Infringement Protection. If a third party claims that a Lenovo branded Product that Reseller obtains from Reseller's Distributor under this Agreement infringes that party's patents or copyrights, Lenovo shall defend Reseller against that claim at Lenovo’s expense and pay all costs, damages and attorney's fees that a court finally awards against Reseller, or that are included in a settlement approved by Lenovo, provided that Reseller: (i) promptly notifies Lenovo in writing of the claim; (ii) allows Lenovo to control, and cooperates with Lenovo in, the defense and any related settlement negotiations; and (iii) is and remains in compliance with Reseller's obligations in this Section 21. The foregoing is LenovoXxxxxx’s entire obligation to Reseller regarding any claim of infringement. If such a claim is made or appears likely to be made, and Reseller maintains inventory of Products, Reseller shall permit Lenovo, in its discretion, to enable Reseller to continue to use and sell the Products; to modify them; or to replace them with Products that are at least functionally equivalent. If Lenovo determines that none of these alternatives is reasonably available, Reseller shall promptly return the Products to Reseller's Distributor upon LenovoXxxxxx's written request. Lenovo will then provide a credit to ResellerXxxxxxxx's Distributor equal to the amount paid for the Products. Lenovo shall have no obligation regarding any claim based on: i) anything Reseller, Reseller's Distributor or a third party on Reseller's behalf provides which is incorporated into, or combined with a Product; ii) unauthorized modification of a Product by Reseller, ResellerXxxxxxxx's Distributor or a third party on Reseller's behalf; iii) the combination, operation, or use of a Product with any products not provided by Lenovo as a system, or the combination, operation, or use of a Product with any product, data, apparatus or business method that Lenovo did not provide; iv) Lenovo’s compliance with Reseller’s specifications or requirements; or (v) infringement by a third party product alone, as opposed to its combination with Lenovo Products.

Intellectual Property Infringement Protection. If a third party claims that a Lenovo branded Product that Lenovo sells to Reseller obtains from Reseller's Distributor under this Agreement Attachment infringes that party's patents or copyrights, Lenovo shall defend Reseller against that claim at Lenovo’s expense and pay all costs, damages and attorney's fees that a court finally awards against Reseller, or that are included in a settlement approved by Lenovo, provided that Reseller: (i) promptly notifies Lenovo in writing of the claim; (ii) allows Lenovo to control, and cooperates with Lenovo in, the defense and any related settlement negotiations; and (iii) is and remains in compliance with Reseller's obligations in this Section 2112. The foregoing is LenovoXxxxxx’s entire obligation to Reseller regarding any claim of infringement. If such a claim is made or appears likely to be made, and Reseller maintains inventory of Products, Reseller shall permit Lenovo, in its discretion, to enable Reseller to continue to use and sell the Products; to modify them; or to replace them with Products that are at least functionally equivalent. If Lenovo determines that none of these alternatives is reasonably available, Reseller shall promptly return the Products to Reseller's Distributor upon Lenovo's Lenovo at its written request. Lenovo will then provide a credit to Reseller's Distributor Reseller equal to the amount paid for the Products. Lenovo shall have no obligation regarding any claim based on: i) anything Reseller, Reseller's Distributor Reseller or a third party on Reseller's behalf provides which is incorporated into, or combined with a Product; ii) unauthorized modification of a Product by Reseller, Reseller's Distributor Reseller or a third party on Reseller's behalf; iii) the combination, operation, or use of a Product with any products not provided by Lenovo as a system, or the combination, operation, or use of a Product with any product, data, apparatus or business method that Lenovo did not provide; iv) Lenovo’s compliance with Reseller’s specifications or requirements; or (v) infringement by a third party product alone, as opposed to its combination with Lenovo Products.

Intellectual Property Infringement Protection. If a third party claims that a Lenovo branded Product that Reseller obtains from Reseller's Distributor under this Agreement infringes that party's patents or copyrights, Lenovo shall defend Reseller against that claim at Lenovo’s expense and pay all costs, damages and attorney's fees that a court finally awards against Reseller, or that are included in a settlement approved by Lenovo, provided that Reseller: (i) promptly notifies Lenovo in writing of the claim; (ii) allows Lenovo to control, and cooperates with Lenovo in, the defense and any related settlement negotiations; and (iii) is and remains in compliance with Reseller's obligations in this Section 21. The foregoing is Lenovo’s entire obligation to Reseller regarding any claim of infringement. If such a claim is made or appears likely to be made, and Reseller maintains inventory of Products, Reseller shall permit Lenovo, in its discretion, to enable Reseller to continue to use and sell the Products; to modify them; or to replace them with Products that are at least functionally equivalent. If Lenovo determines that none of these alternatives is reasonably available, Reseller shall promptly return the Products to Reseller's Distributor upon Lenovo's written request. Lenovo will then provide a credit to ResellerXxxxxxxx's Distributor equal to the amount paid for the Products. Lenovo shall have no obligation regarding any claim based on: i) anything Reseller, Reseller's Distributor or a third party on Reseller's behalf provides which is incorporated into, or combined with a Product; ii) unauthorized modification of a Product by Reseller, ResellerXxxxxxxx's Distributor or a third party on Reseller's behalf; iii) the combination, operation, or use of a Product with any products not provided by Lenovo as a system, or the combination, operation, or use of a Product with any product, data, apparatus or business method that Lenovo did not provide; iv) Lenovo’s compliance with Reseller’s specifications or requirements; or (v) infringement by a third party product alone, as opposed to its combination with Lenovo Products.

Intellectual Property Infringement Protection. If a third party claims that a Lenovo branded Stoneware Product that Reseller obtains from Reseller's Distributor under this Agreement infringes that party's patents or copyrights, Lenovo Stoneware shall defend Reseller against that claim at LenovoStoneware’s expense and pay all costs, damages and attorney's fees that a court finally awards against Reseller, or that are included in a settlement approved by LenovoStoneware, provided that Reseller: (i) promptly notifies Lenovo Stoneware in writing of the claim; (ii) allows Lenovo Stoneware to control, and cooperates with Lenovo Stoneware in, the defense and any related settlement negotiations; and (iii) is and remains in compliance with Reseller's obligations in this Section 2117. The foregoing is LenovoStoneware’s entire obligation to Reseller regarding any claim of infringement. If such a claim is made or appears likely to be made, and Reseller maintains inventory of Products, Reseller shall permit LenovoStoneware, in its discretion, to enable Reseller to continue to use and sell the Products; to modify them; or to replace them with Products that are at least functionally equivalent. If Lenovo Stoneware determines that none of these alternatives is reasonably available, Reseller shall promptly return the Products to Reseller's Distributor upon LenovoStoneware's written request. Lenovo Stoneware will then provide a credit to Reseller's Distributor equal to the amount paid for the Products. Lenovo Stoneware shall have no obligation regarding any claim based on: i) anything Reseller, Reseller's Distributor or a third party on Reseller's behalf provides which is incorporated into, or combined with a Product; ii) unauthorized modification of a Product by Reseller, Reseller's Distributor or a third party on Reseller's behalf; iii) the combination, operation, or use of a Product with any products not provided by Lenovo Stoneware as a system, or the combination, operation, or use of a Product with any product, data, apparatus or business method that Lenovo Stoneware did not provide; iv) LenovoStoneware’s compliance with Reseller’s specifications or requirements; or (v) infringement by a third party product alone, as opposed to its combination with Lenovo Stoneware Products.

Intellectual Property Infringement Protection. If a third party claims that a Lenovo Vendor branded Product that Reseller obtains from Reseller's Distributor provided by Vendor to TIPS under this Agreement infringes that party's patents ’s patent or copyrightscopyright, Lenovo shall Vendor will defend Reseller TIPS against that claim at Lenovo’s its expense and pay all costs, damages damages, and attorney's ’s fees that a court finally awards against Reseller, TIPS or that are included in a settlement approved by LenovoVendor, provided that ResellerTIPS: (i) promptly notifies Lenovo Vendor in writing of the claim; (ii) allows Lenovo Vendor to control, and cooperates with Lenovo Vendor in, the defense and any related settlement negotiations; and (iii) is and remains in compliance with ResellerTIPS's obligations in this Section 21Section. The foregoing is LenovoVendor’s entire obligation to Reseller TIPS and TIPS’s exclusive remedy regarding any claim of infringement. If such a claim is made or appears likely to be made, and Reseller maintains inventory of Products, Reseller TIPS shall permit LenovoVendor, in its Vendor’s sole discretion, to enable Reseller TIPS to continue to use and sell the ProductsProduct; to modify themit; or to replace them it with Products one that are is at least functionally equivalent. If Lenovo Vendor determines that none of these alternatives is reasonably available, Reseller TIPS shall promptly return the Products Product to Reseller's Distributor upon Lenovo's Vendor at its written request. Lenovo Vendor will then provide a credit to Reseller's Distributor TIPS in an amount equal to the amount paid for net book value of the ProductsProduct according to generally accepted accounting principles. Lenovo Vendor shall have no obligation regarding any claim based onupon: (i) anything Reseller, Reseller's Distributor TIPS or a third party on ResellerTIPS's behalf provides which is incorporated into, or combined with with, a Product; (ii) unauthorized modification of a Product by Reseller, Reseller's Distributor TIPS or a third party on ResellerTIPS's behalf; (iii) the combination, operation, or use of a Product with any products not provided by Lenovo Vendor as a system, or the combination, operation, or use of a Product with any product, data, apparatus or business method that Lenovo Vendor did not provide; (iv) LenovoVendor’s compliance with ResellerTIPS’s specifications or requirements; or (v) infringement by a third party product Product alone. Attorney’s Fees--Texas Local Government Code § 271.159 is expressly referenced. Pursuant to §271.159, as opposed TEXAS LOC. GOV’T CODE, in the event that any one of the Parties is required to its combination with Lenovo Productsobtain the services of an attorney to enforce this Agreement, the prevailing party, in addition to other remedies available, shall be entitled to recover reasonable attorney’s fees and costs of court.

Intellectual Property Infringement Protection. If a third party claims that a Lenovo branded Stoneware Product that Reseller obtains from Reseller's Distributor under this Agreement infringes that party's patents or copyrights, Lenovo Stoneware shall defend Reseller against that claim at LenovoStoneware’s expense and pay all costs, damages and attorney's fees that a court finally awards against Reseller, or that are included in a settlement approved by LenovoStoneware, provided that Reseller: (i) promptly notifies Lenovo Stoneware in writing of the claim; (ii) allows Lenovo Stoneware to control, and cooperates with Lenovo Stoneware in, the defense and any related settlement negotiations; and (iii) is and remains in compliance with Reseller's obligations in this Section 2116. The foregoing is LenovoStoneware’s entire obligation to Reseller regarding any claim of infringement. If such a claim is made or appears likely to be made, and Reseller maintains inventory of Products, Reseller shall permit LenovoStoneware, in its discretion, to enable Reseller to continue to use and sell the Products; to modify them; or to replace them with Products that are at least functionally equivalent. If Lenovo Stoneware determines that none of these alternatives is reasonably available, Reseller shall promptly return the Products to Reseller's Distributor upon LenovoStoneware's written request. Lenovo Stoneware will then provide a credit to Reseller's Distributor equal to the amount paid for the Products. Lenovo Stoneware shall have no obligation regarding any claim based on: i) anything Reseller, Reseller's Distributor or a third party on Reseller's behalf provides which is incorporated into, or combined with a Product; ii) unauthorized modification of a Product by Reseller, Reseller's Distributor or a third party on Reseller's behalf; iii) the combination, operation, or use of a Product with any products not provided by Lenovo Stoneware as a system, or the combination, operation, or use of a Product with any product, data, apparatus or business method that Lenovo Stoneware did not provide; iv) LenovoStoneware’s compliance with Reseller’s specifications or requirements; or (v) infringement by a third party product alone, as opposed to its combination with Lenovo Stoneware Products.