Common use of Non-infringement Warranty And Indemnity Clause in Contracts

Non-infringement Warranty And Indemnity. LSI Logic represents and warrants that it has the right, including all government consents and approvals, to assign Mintsim on the terms and conditions set forth in this Agreement, and that to the best of its knowledge Mintsim as assigned does not infringe, and has not been accused of infringement of, any United States patent or copyright or misappropriate any trade secret of a third party. LSI Logic does not represent or warrant that Mintsim as assigned does not infringe any United States patent or copyright or misappropriate any true secret of a third party. Notwithstanding the foregoing, LSI Logic represents and warrants that those aspects of Mintsim that LSI Logic requests Verisity to incorporate into Specman Elite do not infringe any United States patent or copyright or misappropriate any trade secret of a third party LSI Logic will indemnify and hold Verisity harmless from and against all damages, liabilities, costs and expenses (including reasonable fees of counsel and other professionals) incurred by Verisity arising out of a breach of the warranty in this Section 1.3, provided that Verisity promptly notifies LSI Logic of any third party claim or action , and grants LSI Logic the sole control of the defense of any such action, including all negotiations for its settlement or compromise. If Verisity is a defendant in such action, it may participate at its expense.

Non-infringement Warranty And Indemnity. LSI Logic represents and warrants that it has the right, including all government consents and approvals, to assign Mintsim on the terms and conditions set forth in this Agreement, and that to the best of its knowledge Mintsim as assigned does not infringe, and has not been accused of infringement of, any United States patent or copyright or misappropriate any trade secret of a third party. LSI Logic does not represent or warrant that Mintsim as assigned does not infringe any United States patent or copyright or misappropriate any true secret of a third party. Notwithstanding the foregoing, LSI Logic represents and warrants that those aspects of Mintsim that LSI Logic requests Verisity to incorporate into Specman Elite do not infringe any United States patent or copyright or misappropriate any trade secret of a third party LSI Logic will indemnify and hold Verisity harmless from and against all damages, liabilities, costs and expenses (including reasonable fees of counsel and other professionals) incurred by Verisity arising out of a breach of the warranty in 2 <PAGE> this Section 1.3, provided that Verisity promptly notifies LSI Logic of any third party claim or action , and grants LSI Logic the sole control of the defense of any such action, including all negotiations for its settlement or compromise. If Verisity is a defendant in such action, it may participate at its expense.