Common use of Patent/Copyright Materials/Proprietary Infringement Clause in Contracts

Patent/Copyright Materials/Proprietary Infringement. Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as County of Orange, Health Care Agency File Folder: C025968 Page 7 of 35 Contract MA-042-20010815 modified through Services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in paragraph “Z” below, it shall indemnify, defend and hold County and County Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.

Patent/Copyright Materials/Proprietary Infringement. Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as County of Orange, Health Care Agency File Folder: C025968 C025969 Page 7 of 35 36 Contract MA-042-20010815 20010813 modified through Services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in paragraph “Z” below, it shall indemnify, defend and hold County and County Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.

Patent/Copyright Materials/Proprietary Infringement. Unless otherwise expressly provided in this Contract, Contractor Subrecipient shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor Subrecipient warrants that any software as 6 of 37 County of Orange, Health Care Agency Contract MA-042-20010817 File Folder: C025968 Page 7 of 35 Contract MA-042-20010815 C025875 as modified through Services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor Subrecipient agrees that, in accordance with the more specific requirement contained in paragraph “Z” below, it shall indemnify, defend and hold County and County Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.