IPR INFRINGEMENT. 12.2.1. Calix shall indemnify, defend and hold Ericsson and its customers harmless against any Claim brought by a third party against Ericsson alleging that any Product listed on Exhibit A as a “Calix Product” or any Service infringes any IPR of that third party. In the event that such claim is upheld in a court of law, or as part of a settlement of such claim, Calix shall, at its option, a) remove the infringing portion from the Product or Service without substantially reducing functionality, b) replace or modify the infringing Product or Service such that it is no longer infringing, or c) procure for Ericsson the right to continue using the infringing Product or Service. Calix agrees to use commercially reasonable efforts to implement either (a), (b), or (c), however, in the event that none of these options is commercially reasonable, Calix's total liability shall be to refund the amount paid to Calix for the Product or Service.
IPR INFRINGEMENT. 14.1 The Client shall indemnify and hold Ionbond harmless of any IPR infringement of a third party right due to products furnished by the Client and/or products and/or Services fulfilled in accordance with the Client´s order and/or directions.
IPR INFRINGEMENT. 14.1 In performing the Services, the Supplier shall not be obliged to take any action which may infringe the Intellectual Property Rights of any Third Party Licensor or any other third party. Subject to clause 14.3, if any Services, Fixes or Patches provided by the Supplier are held or alleged to infringe, or the Supplier believes that they may infringe, a Third Party Licensor's or any other third party's Intellectual Property Rights (an "Infringing Item"), the Supplier may, as the Client's sole remedy and at the Supplier's option and expense, either: (a) modify the Infringing Item so that it becomes non-infringing while otherwise substantially complying with the requirements of the Agreement; or (b) replace the relevant Infringing Item with other non-infringing items having a capability materially equivalent to the Infringing Item.
IPR INFRINGEMENT. SUPPLY OF PRODUCTS. Under this DPA no Party will incur any liability towards the other Party for infringement of intellectual property rights, provided, however, that the parties acknowledge and agree that the terms and conditions of Section 7.1 of the Software Development SIEMENS Telecom Innovation Centre Page 10 of 24 May 9, 2000 30 Unisphere Management Center (UMC) Project - Development Project Agreement DPA (001) Services Agreement between the parties applies to the services and products developed under this DPA. THIS WILL CONSTITUTE THE SOLE AND ENTIRE WARRANTY OF EACH PARTY TOWARDS THE OTHER PARTY HEREUNDER.
IPR INFRINGEMENT. Both Seller and Xxxxx acknowledge and accept that, in the case of IPR infringement, the total liability of Seller under this Contract and the 2015 TLA together and in aggregate shall be limited to the Licence Fees paid by Inox to AMSC Austria under the 2015 TLA.
IPR INFRINGEMENT. CUSTOMER shall indemnify and keep SUPPLIER harmless for any infringement of any third party’s intellectual property rights (IPR) by the Product Specification and/or the Product if manufactured in accordance with Product Specifications or the use thereof. SUPPLIER assumes no responsibility if the Product Specifications and/or the Product if manufactured in accordance with the Product Specifications or the use thereof constitutes an infringement on any third party’s IPR. This indemnification shall include all costs, attorney’s fees and other expenses paid or incurred by or imposed upon Supplier in connection with the defense of any such claim. If SUPPLIER or the CUSTOMER receives knowledge that an IPR may possibly be infringed upon, this must be made known to the other party without delay.
IPR INFRINGEMENT. 12.1 The Supplier warrants that Supplier has the right and the power to xxxxx Xxxx any rights in respect of Delivery. Moreover, Supplier warrants that the Delivery does not infringe any existing patent, registered design, copyright or other Intellectual Property Rights owned by any third party.
IPR INFRINGEMENT. Contractor will not be liable for IPR infringement that arises:
IPR INFRINGEMENT. Licensee represents and warrants that any Application provided to Samsung for preload in Custom Binary or any use thereof will not infringe any Intellectual Property Rights of a third party including without limitation any patents, copyrights, trademarks and trade secrets. Licensee shall indemnify, defend and hold harmless Samsung from and against any and all claims, demands, damages, costs or expenses (including reasonable attorney’s fees) and liabilities arising out of or in relation to Licensee’s breach of this Section 9.8.
IPR INFRINGEMENT. As part of this project, Successful bidder will deliver different software, if the use of any such software by / for CGMFPFED, infringes the intellectual property rights of any third party, Successful bidder shall be primarily liable to indemnify CGMFPFED to the extent of direct damages against all claims, demands, costs, charges, expenses, award, compensations etc. arising out of the proceedings initiated by third party for such infringement, subject to the condition that the claim relates to Software provided/used by Successful bidder under this project.
