Common use of Patent/Copyright Infringement Indemnification Clause in Contracts

Patent/Copyright Infringement Indemnification. Seller is unaware of any claim, either threatened or impending, that the Products infringe any patent, trademark or copyright. Seller agrees to indemnify and hold harmless Buyer from and against all damages, liability and cost suffered or incurred as a result of any claim that any Products furnished pursuant to this Agreement constitutes an infringement of any patent, trademark or copyright provided that Buyer gives Seller reasonable notice of any such claims. Said indemnification shall extend only to damages assessed against or costs incurred by Buyer as the result of a judgment rendered by a court of last resort or a court of lower jurisdiction from which no appeal has been taken holding that any Product, spare parts and documentation furnished pursuant to this Agreement constitutes an infringement of any patent, trademark or copyright, or to any settlement of such claim consented to in writing by Seller. Buyer shall not be entitled to recover from Seller any loss of profits suffered by Buyer as a result of such infringement or alleged infringement.