Patent Claims. (1) MS obligations for any patent Claims are limited to patent Claims where the Product (excluding Sample Code) software alone, without combination or modification, constitutes direct or contributory infringement of the patent.
(2) MS has no responsibility for damages attributable to the value of the use or distribution of a non-Microsoft product.
Patent Claims. Contractor shall assume all costs arising from the use of patented materials, equipment, devices or processes used on or incorporated in the work and shall defend, indemnify and save harmless the City with all its officers and employees, and its duly authorized representatives, from all actions of every nature for, or on account of the use of any patented materials, equipment, devices, or processes used on or incorporated in the work.
Patent Claims. Each Party (as a “Releasing Party”), on behalf of itself and its officers, directors, employees, agents, successors and assigns, hereby promise not to xxx or proceed in any manner, in agency or other proceedings, whether at law, in equity, by way of administrative hearing, or otherwise, to solicit others to institute any such actions or proceedings, or consent to be a complainant in any criminal action or proceeding, against the other Party, its Affiliates, and their respective licensees, subscribers, other customers, contractors and consultants (each a “Released Party”), alleging, asserting or otherwise claiming that a Released Party is infringing a patent held by the Releasing Party relating to any Evolent Improvement (in the case of Evolent as the Releasing Party) or UPMC Improvement (in the case of UPMC as the Releasing Party).
Patent Claims. (a) The determination of the existence of a Patent Claim, as described in Section 3.1.3, shall be made by the Patent Committee pursuant to Section 5.2.1, provided, however, that if the Patent Committee is unable to resolve such matter within thirty (30) days (the “Patent Committee Embargo License Period”), then notwithstanding Section 5.2.3 and Article 12, the determination will be made pursuant to Section 3.1.4(b).
Patent Claims. During and after the term of the Agreement, You will not assert, nor will You authorize, assist, or encourage any third party to assert, against Us, CSV or any of either’s affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Services or CSV services You have used.
Patent Claims. If Recipient challenges the validity of any of the CDI-owned or licensed patents relating to the Cells, then Recipient agrees that it shall pay a reasonable royalty to CDI to continue to use the Cells. If Recipient fails to pay the reasonable royalty, CDI may terminate the license granted to Recipient herein and Recipient shall cease to have the rights to use the Cells. If CDI elects to terminate the license hereunder, Recipient agrees to return to CDI any Cells in its possession. V.
Patent Claims. No action, claim, proceeding or inquiry or investigation is pending or, to the knowledge of Teva, threatened by any Third Party with respect to any Compound or Product or the patentability or validity of any claims of any of the Assigned Patents or the Teva Licensed Patents;
Patent Claims. If (i) Buyer brings a claim arising out of or related to the Assigned Patents against Seller or its Affiliates, customers or other third party that exploits or otherwise disposes of a Seller product or service, and (ii) Seller has a legal obligation or right to defend such claim, then Seller may provide a defense including but not limited to the initiation of proceedings against Buyer or its Affiliates related to such Assigned Patents and/or otherwise challenging the enforceability or validity of the Assigned Patents on behalf of the Seller, it Affiliates, customers or other third parties. Buyer hereby expressly waives any right to, and agrees not to assert, a defense of assignor estoppel against Seller in any proceeding against Buyer or its Affiliates related to the Assigned Patents by Seller or otherwise in a proceeding in which Seller challenges the enforceability or validity of the Assigned Patents on behalf of the Seller, it Affiliates, customers or other third parties.
Patent Claims. If any claim, suit or action at law or in equity of any kind involving any such patent is brought against any of the Protected Parties, the Contractor may retain from any moneys due or to become due, an amount considered sufficient by the Contractor to protect itself and such other of the Protected Parties against loss including attorneys' fees and costs, until such action is settled and satisfactory evidence to that effect has been supplied to the Contractor.
Patent Claims. In the event any [***] asserts that the manufacture, purchase, sale or distribution of Bio-PET pursuant to this Offtake Supply Agreement infringes any patent owned by such [***], the Parties shall in good faith consult with one another with respect thereto.