Patent/Copyright Infringement. Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following:
A. The Contractor shall be notified promptly in writing by the County of any notice of such claim.
B. Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County.
Patent/Copyright Infringement. Contractor will defend, indemnify and save harmless County, its appointed and elected officers, agents and employees from and against all loss or expense, including but not limited to claims, demands, actions, judgments, settlements, attorneys’ fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of the Contractor’s alleged infringement on any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County, its appointed and elected officers, agents and employees in any action. Such defense and payments are conditioned upon the following:
a. That Contractor shall be notified promptly in writing by County of any notice of such claim.
b. Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement is made, provided no reduction in performance or loss results to the County.
Patent/Copyright Infringement. The CONTRACTOR shall hold harmless, indemnify and defend the COUNTY, its officers, officials, employees and agents, from and against any claimed action, cause or demand brought against the COUNTY, where such action is based on the claim that information supplied by the CONTRACTOR or subcontractor infringes any patent or copyright. The CONTRACTOR shall be notified promptly in writing by the COUNTY of any notice of such claim.
Patent/Copyright Infringement. SUPPLIER SHALL, AT ITS OWN EXPENSE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OWNER PARTIES FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT AGAINST ANY OF THE OWNER PARTIES WHICH ARE BASED ON A CLAIM, WHETHER RIGHTFUL OR OTHERWISE, THAT THE WORK FURNISHED UNDER THE PURCHASE ORDER, CONSTITUTE(S) AN INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET OR OTHER PROPRIETARY RIGHT OF A THIRD PARTY, AND SUPPLIER SHALL PAY ALL DAMAGES, COSTS, AND EXPENSES ARISING OUT OF SUCH CLAIMS. SUPPLIER SHALL PROMPTLY NOTIFY OWNER OF ANY CLAIM THAT MAY BE PRESENTED TO SUPPLIER BY ANY PERSON. IF OWNER BECOMES AWARE OF SUCH A CLAIM, DEMAND, OR CAUSE OF ACTION AND NOTIFIES SUPPLIER, SUPPLIER SHALL HAVE FIFTEEN
Patent/Copyright Infringement. The Consultant shall not infringe any copyright, trademark, service xxxx, trade secrets, patent rights, or other intellectual property rights in the performance of the Services. The Consultant warrants that all Deliverables furnished hereunder, including but not limited to: programs, documentation, software, analyses, applications, methods, ways, processes, and the like, do not infringe upon or violate any patent, copyrights, service marks, trade secret, or any other third party proprietary rights. The Consultant shall be liable and responsible for any and all claims made against the Town for infringement of patents, copyrights, service marks, trade secrets or any other third party proprietary rights, by the use or supplying of any programs, documentation, software, analyses, applications, methods, ways, processes, and the like, in the course of performance or completion of, or in any way connected with providing the Services, or the Town's continued use of the Deliverables furnished hereunder. Consultant at its own expense, including the payment of attorney's fees, shall indemnify, and hold harmless the Town and defend any action brought against the Town with respect to any claim, demand, cause of action, debt, or liability. Consultant shall notify the Town within forty-eight (48) hours of any action by a third party alleging any infringement as detailed above.
Patent/Copyright Infringement. The Contractor will hold harmless, indemnify and defend the County, its officers, officials, employees and agents, from and against any claimed action, cause or demand brought against the County, where such action is based on the claim that information supplied by the Contractor or subcontractor infringes any patent or copyright. The Contractor will be notified promptly in writing by the County of any notice of such claim.
Patent/Copyright Infringement. Contractor will defend and indemnify the City from any claimed action, cause or demand brought against the City, to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the City in any action. Such defense and payments are conditioned upon the following:
a. That Contractor shall be notified promptly in writing by City of any notice of such claim; and
b. Vendor shall have the right, hereunder, at its option and expense, to obtain for the City the right to continue using the information, in the event such claim of infringement is made, provided no reduction in performance or loss results to the City.
Patent/Copyright Infringement. SUPPLIER SHALL, AT ITS OWN EXPENSE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OWNER PARTIES FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT AGAINST ANY OF THE OWNER PARTIES WHICH ARE BASED ON A CLAIM, WHETHER RIGHTFUL OR OTHERWISE, THAT THE WORK FURNISHED UNDER THE PURCHASE ORDER, CONSTITUTE(S) AN INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET OR OTHER PROPRIETARY RIGHT OF A THIRD PARTY, AND SUPPLIER SHALL PAY ALL DAMAGES, COSTS, AND EXPENSES ARISING OUT OF SUCH CLAIMS. SUPPLIER SHALL PROMPTLY NOTIFY OWNER OF ANY CLAIM THAT MAY BE PRESENTED TO SUPPLIER BY ANY PERSON. IF OWNER BECOMES AWARE OF SUCH A CLAIM, DEMAND, OR CAUSE OF ACTION AND NOTIFIES SUPPLIER, SUPPLIER SHALL HAVE FIFTEEN (15) CALENDAR DAYS AFTER RECEIPT OF NOTICE BY OWNER TO ASSUME THE DEFENSE OF SUCH MATTER. IF SUPPLIER ASSUMES SUCH DEFENSE, SUPPLIER SHALL KEEP OWNER REASONABLY INFORMED OF THE PROGESSS OF THE DEFENSE, COMPROMISE OR SETTLEMENT AND PERMIT OWNER TO PARTICIPATE IN THE SUIT IN AN ADVISORY CAPACITY. IF SUPPLIER FAILS TO ASSUME SUCH RESPONSIBILITIES, OWNER SHALL HAVE THE RIGHT TO UNDERTAKE, AT SUPPLIER’S EXPENSE, THE DEFENSE, COMPROMISE OR SETTLEMENT OF THE MATTER ON BEHALF OF AND FOR ACCOUNT AND RISK OF SUPPLIER. NO SETTLEMENT WHICH PREVENTS OWNER FROM CONTINUING TO USE THE WORK, RESTRICTS SUCH USE, OR IMPOSES ANY FINANCIAL OBLIGATION ON OWNER SHALL BE MADE WITHOUT OWNER'S PRIOR WRITTEN CONSENT. IN ALL EVENTS, OWNER SHALL HAVE THE RIGHT TO PARTICIPATE, AT ITS OWN COST AND EXPENSE, IN THE DEFENSE OF ANY SUIT OR PROCEEDING THROUGH COUNSEL OF ITS OWN CHOOSING. IN ADDITION, SUPPLIER SHALL, PROMPTLY AND AT ITS OWN EXPENSE (A) PROCURE FOR OWNER THE RIGHT TO CONTINUE THE USE OF THE WORK, (B) REPLACE SAME WITH NON- INFRINGING WORK SATISFACTORY TO OWNER, OR (C) MODIFY THE WORK IN A WAY SATISFYING TO OWNER SO THAT THE WORK IS NON-INFRINGING. SUPPLIER SHALL BE RESPONSIBLE FOR PAYING ANY DAMAGES DIRECTLY TO THE THIRD PARTY OR ANY COSTS RELATING TO THE INFRINGEMENT AND SHALL REIMBURSE OWNER WITHIN THIRTY (30) DAYS OF BEING NOTIFIED BY OWNER OF ANY SUCH AMOUNTS.
Patent/Copyright Infringement. Consultant will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the extent such action is based on the claim that information supplied by the Consultant infringes any patent or copyright. The Consultant will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following:
21.1 Consultant shall be notified promptly in writing by County of any notice of such claim.
21.2 Consultant shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement is made, provided no reduction in performance or loss results to the County.
Patent/Copyright Infringement. Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the extent such action is based on the claim that information, goods or documentation supplied by the Contractor infringes any patent or copyright. Contractor will pay all costs, penalties, fees, and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following:
i. That Contractor shall be notified promptly in writing by the County of any notice of such claim.
ii. Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information in the event such claim of infringement is made, provided no reduction in performance or loss results to the County.
