Common use of Intellectual Property Liability Clause in Contracts

Intellectual Property Liability. NI agrees to defend any third-party claim that alleges the Hardware, Software or Services infringe any U.S. patent, copyright, or trademark (“Claim”), provided that Customer notifies NI immediately upon learning of any Claim, or any allegation that the grounds for a Claim may exist, grants NI sole control over the defense and settlement of the Claim, and cooperates fully with NI in preparing a defense for any Claim. NI agrees to pay any final judgment or settlement resulting from any Claim, provided that the settlement is entered into in accordance with this Section. NI shall not be liable for a settlement made without its prior written consent. Notwithstanding the foregoing, NI shall have no obligation under this Section for any claim relating to or arising from (a) Customer’s modifications of Hardware, Software or Services; (b) failure to use Hardware, Softwareor Services in accordance with the

Intellectual Property Liability. NI agrees to defend any third-party claim that alleges the Hardware, Software or Services infringe any U.S. patent, copyright, or trademark (“Claim”), provided that Customer notifies NI immediately upon learning of any Claim, or any allegation that the grounds for a Claim may exist, grants NI sole control over controlover the defense and settlement of the Claim, and cooperates fully with NI in preparing a defense for any Claim. NI agrees to pay any final judgment or settlement resulting from any Claim, provided that the settlement is entered into in accordance with this Section. NI shall not be liable for a settlement made without its prior written consent. Notwithstanding the foregoing, NI shall have no obligation under this Section for any claim relating to or arising from (a) Customer’s modifications of Hardware, Software or Services; (b) failure to use Hardware, Softwareor Services in accordance with the)

Intellectual Property Liability. NI agrees to defend any third-party claim that alleges the Hardware, Software or Services infringe any U.S. patent, copyright, or trademark (“Claim”), provided that Customer notifies NI immediately upon learning of any Claim, or any allegation that the grounds for a Claim may exist, grants NI sole control over controlover the defense and settlement of the Claim, and cooperates fully with NI in preparing a defense for any Claim. NI agrees to pay any final judgment or settlement resulting from any Claim, provided that the settlement is entered into in accordance inaccordance with this Section. NI shall not be liable for a settlement made without its prior written consent. Notwithstanding the foregoing, NI shall have no obligation under this Section for any claim relating to or arising from (a) Customer’s modifications of Hardware, Software or Services; (b) failure to use Hardware, Softwareor Services in accordance with the)