Common use of Non-Infringement Clause in Contracts

Non-Infringement. Seller represents, warrants and covenants that neither the Services (including HYS’s use thereof) nor the Goods or the manufacture (including any manufacturing method), use, importation, sale or offer for sale of the Goods will infringe or misappropriate any proprietary, intellectual property or other rights of any third party. If any Good or Service, or HSY’s use of any Good or Service is held to constitute any such infringement or misappropriation and its use by HSY is enjoined, Seller, at no cost to HSY, shall procure for HSY the right to continue using the Good or Service, as applicable, or provide HSY with a substitute Good or Service conforming to this Order.

Non-Infringement. Seller represents, warrants and covenants that neither the Services (including HYS’s 's use thereof) nor the Goods or the manufacture (including any manufacturing method), use, importation, sale or offer for sale of the Goods will infringe or misappropriate any proprietary, intellectual property or other rights of any third party. If any Good or Service, or HSY’s 's use of any Good or Service is held to constitute any such infringement or misappropriation and its use by HSY is enjoined, Seller, at no cost to HSY, shall procure for HSY the right to continue using the Good or Service, as applicable, or provide HSY with a substitute Good or Service conforming to this Order.

Non-Infringement. Seller represents, warrants and covenants that neither the Services (including HYSHSY’s use thereof) nor the Goods or the manufacture (including any manufacturing method), use, importation, sale or offer for sale of the Goods will infringe or misappropriate any proprietary, intellectual property or other rights of any third party. If any Good or Service, or HSY’s use of any Good or Service is held to constitute any such infringement or misappropriation and its use by HSY is enjoined, Seller, at no cost to HSY, shall procure for HSY the right to continue using the Good or Service, as applicable, or provide HSY with a substitute Good or Service conforming to this Order.