Intellectual Property Warranty and Indemnification. Contractor represents and warrants that any materials or deliverables, including all Deliverable Materials, provided under this Contract are either original, or not encumbered, and do not infringe upon the copyright, trademark, patent or other intellectual property rights of any third party, or are in the public domain. If Deliverable Materials provided hereunder become the subject of a claim, suit or allegation of copyright, trademark or patent infringement, City shall have the right, in its sole discretion, to require Contractor to produce, at Contractor’s own expense, new non-infringing materials, deliverables or works as a means of remedying any claim of infringement in addition to any other remedy available to the City under law or equity. Contractor further agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents from and against any and all claims, actions, costs, judgments or damages, of any type, alleging or threatening that any Deliverable Materials, supplies, equipment, services or works provided under this contract infringe the copyright, trademark, patent or other intellectual property or
Appears in 6 contracts
Samples: Contract Resulting From Request for Proposal, Product Supply Agreement, Contract Resulting From Invitation to Bid
Intellectual Property Warranty and Indemnification. Contractor represents and warrants that any materials or deliverables, including all Deliverable Materials, provided under this Contract are either original, or not encumbered, and do not infringe upon the copyright, trademark, patent or other intellectual property rights of any third party, or are in the public domain. If Deliverable Materials provided hereunder become the subject of a claim, suit or allegation of copyright, trademark or patent infringement, City Authority shall have the right, in its sole discretion, to require Contractor to produce, at Contractor’s own expense, new non-non- infringing materials, deliverables or works as a means of remedying any claim of infringement in addition to any other remedy available to the City Authority under law or equity. Contractor further agrees to indemnify, defend, and hold harmless the CityAuthority, its officers, employees and agents from and against any and all claims, actions, costs, judgments or damages, of any type, alleging or threatening that any Deliverable Materials, supplies, equipment, services or works provided under this contract infringe the copyright, trademark, patent or other intellectual property orother
Appears in 2 contracts
Samples: Consultant Services Agreement, Consultant Services Agreement
Intellectual Property Warranty and Indemnification. Contractor Design Professional represents and warrants that any materials or deliverables, including all Deliverable Materials, provided under this Contract contract are either original, or not encumbered, encumbered and do not infringe upon the copyright, trademark, patent or other intellectual property rights of any third party, or are in the public domain. If Deliverable Materials provided hereunder become the subject of a claim, suit or allegation of copyright, trademark or patent infringement, City shall have the right, in its sole discretion, to require Contractor Design Professional to produce, at ContractorDesign Professional’s own expense, new non-infringing materials, deliverables or works Works as a means of remedying any claim of infringement in addition to any other remedy available to the City under law or equity. Contractor Design Professional further agrees to indemnify, defend, indemnify and hold harmless the City, its elected officials, officers, employees and agents from and against any and all claims, actions, costs, judgments or damages, damages of any type, type alleging or threatening that any Deliverable Materialsmaterials, deliverables, supplies, equipment, services services, Deliverable Materials, or works Works provided under this contract infringe the copyright, trademark, patent or other intellectual property oror proprietary rights of any third party (Third Party Claims
Appears in 1 contract
Samples: Professional Services
Intellectual Property Warranty and Indemnification. Contractor Design Professional represents and warrants that any materials or deliverables, including all Deliverable Materials, provided under this Contract contract are either original, or not encumbered, encumbered and do not infringe upon the copyright, trademark, patent or other intellectual property rights of any third party, or are in the public domain. If Deliverable Materials provided hereunder become the subject of a claim, suit or allegation of copyright, trademark or patent infringement, City shall have the right, in its sole discretion, to require Contractor Design Professional to produce, at ContractorDesign Professional’s own expense, new non-infringing materials, deliverables or works Works as a means of remedying any claim of infringement in addition to any other remedy available to the City under law or equity. Contractor Design Professional further agrees to indemnify, defend, indemnify and hold harmless the City, its elected officials, officers, employees and agents from and against any and all claims, actions, costs, judgments or damages, damages of any type, type alleging or threatening that any Deliverable Materials, supplies, equipment, services or works provided under this contract infringe the copyright, trademark, patent or other intellectual property orthat
Appears in 1 contract
Samples: Engineering Services Agreement