Common use of Patent Indemnity Clause in Contracts

Patent Indemnity. a. The Contractor shall indemnify WMATA and its Board members, officers, directors, agents and employees against liability, including costs, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order under 35 U.S.C. § 181) arising out of the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property under this Contract. If the Contractor is not the original equipment manufacturer (OEM) for a manufactured product purchased under this Contract, it will ensure that the patent holder provides indemnity to WMATA under this clause. This indemnity shall not apply unless the Contractor is informed as soon as practicable by WMATA of the suit or action alleging such infringement and is given such opportunity as is afforded by applicable laws, rules, or regulations to participate in the defense thereof. Such indemnity shall not apply to: i. An infringement resulting from compliance with the Contracting Officer's specific written instructions directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner or performance of the Contract not normally used by the Contractor; ii. An infringement resulting from addition to, or change in, such supplies or components furnished, or construction work performed that was made subsequent to the Contractor’s delivery or performance. or iii. A claimed infringement that is unreasonably settled without the Contractor's consent, unless required by final decree of a court of competent jurisdiction.

Patent Indemnity. a. (a) The Contractor Seller shall indemnify WMATA the Company and its Board members, the Government and their officers, directorsagents, agents and employees against liability, including costs, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order under 35 U.S.C. § 181) arising out of the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property (hereinafter referred to as “construction work”) under this Contract. If Agreement, or out of the Contractor is not use or disposal by or for the original equipment manufacturer account of the Company or the Government of such supplies or construction work. (OEMb) for a manufactured product purchased under this Contract, it will ensure that the patent holder provides indemnity to WMATA under this clause. This indemnity shall not apply unless the Contractor is Seller shall have been informed as soon as practicable by WMATA the Company or Government of the suit or action alleging such infringement and is shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in the defense thereofits defense. Such Further, this indemnity shall not apply to:— i. (1) An infringement resulting from compliance with the Contracting Officer's specific written instructions of the Company directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner or of performance of the Contract Agreement not normally used by the ContractorSeller; ii. (2) An infringement resulting from addition to, to or change in, such in supplies or components furnished, furnished or construction work performed that was made subsequent to the Contractor’s delivery or performance. ; or iii. (3) A claimed infringement that is unreasonably settled without the Contractor's consentconsent of the Seller, unless required by final decree of a court of competent jurisdiction.

Patent Indemnity. a. (a) The Contractor shall indemnify WMATA and its Board members, officers, directors, agents and employees against liability, including costs, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order under 35 U.S.C. § 181) arising out of the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property under this Contract. If the Contractor is not the original equipment manufacturer (OEM) for a manufactured product purchased under this Contract, it will ensure that the patent holder provides indemnity to WMATA under this clause. This indemnity shall not apply unless the Contractor is informed as soon as practicable by WMATA of the suit or action alleging such infringement and is given such opportunity as is afforded by applicable laws, rules, or regulations to participate in the defense thereof. Such indemnity shall not apply to: i. An infringement resulting from compliance with the Contracting Officer's specific written instructions directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner or performance of the Contract not normally used by the Contractor; ii. An infringement resulting from addition to, or change in, such supplies or components furnished, or construction work performed that was made subsequent to the Contractor’s delivery or performance. or iii. A claimed infringement that is unreasonably settled without the Contractor's consent, unless required by final decree of a court of competent jurisdiction.

Patent Indemnity. a. The Contractor shall indemnify WMATA and its Board members, officers, directors, agents and employees against liability, including costs, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order under 35 U.S.C. § 181) arising out of the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property under this Contract. If the Contractor is not the original equipment manufacturer (OEM) for a manufactured product purchased under this Contract, it will ensure that the patent holder provides indemnity to WMATA under this clausearticle. This indemnity shall not apply unless the Contractor is informed as soon as practicable by WMATA of the suit or action alleging such infringement and is given such opportunity as is afforded by applicable laws, rules, or regulations to participate in the defense thereof. Such indemnity shall not apply to: i. An infringement resulting from compliance with the Contracting Officer's specific written instructions directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner or performance of the Contract not normally used by the Contractor; ii. An infringement resulting from addition to, or change in, such supplies or components furnished, or construction work performed that was made subsequent to delivery or performance by the Contractor’s delivery or performance. ; or iii. A claimed infringement that is unreasonably settled without the Contractor's consent, unless required by final decree of a court of competent jurisdiction."

Patent Indemnity. a. (APR 1984) (a) The Contractor Subcontractor shall indemnify WMATA Princeton and its Board members, the U.S. Government and their officers, directorsagents, agents and employees employ- ees against liability, including costs, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order under 35 U.S.C. § 181) arising out of the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property (hereinafter referred to as “construction work”) under this Contract. If subcontract, or out of the Contractor is not use or disposal by or for the original equipment manufacturer account of Princeton of such supplies or construction work. (OEMb) for a manufactured product purchased under this Contract, it will ensure that the patent holder provides indemnity to WMATA under this clause. This indemnity shall not apply unless the Contractor is Subcontrac- tor shall have been informed as soon as practicable by WMATA Princeton of the suit or action alleging such infringement and is shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in the defense thereofits defense. Such Further, this indemnity shall not apply to:— i. (1) An infringement resulting from compliance with the Contracting Officer's specific written instructions of Princeton directing a change in the supplies to be delivered or in the materials ma- terials or equipment to be used, or directing a manner or of performance of the Contract contract not normally normal- ly used by the ContractorSubcontractor; ii. (2) An infringement resulting from addition to, to or change in, such in supplies or components furnished, furnished or construction work performed that was made subsequent sub- sequent to the Contractor’s delivery or performance. ; or iii. (3) A claimed infringement that is unreasonably settled without the Contractor's consentconsent of the subcontractor, unless required by final decree of a court of competent com- petent jurisdiction.

Patent Indemnity. a. (APR 1984) (a) The Contractor Subcontractor shall indemnify WMATA Princeton and its Board members, the U.S. Government and their officers, directorsagents, agents and employees against liability, including costs, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order under 35 U.S.C. § 181) arising out of the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property (hereinafter referred to as “construction work”) under this Contract. If subcontract, or out of the Contractor is not use or disposal by or for the original equipment manufacturer account of Princeton of such supplies or construction work. (OEMb) for a manufactured product purchased under this Contract, it will ensure that the patent holder provides indemnity to WMATA under this clause. This indemnity shall not apply unless the Contractor is Subcontractor shall have been informed as soon as practicable by WMATA Princeton of the suit or action alleging such infringement and is shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in the defense thereofits defense. Such Further, this indemnity shall not apply to:— i. (1) An infringement resulting from compliance with the Contracting Officer's specific written instructions of Princeton directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner or of performance of the Contract contract not normally used by the ContractorSubcontractor; ii. (2) An infringement resulting from addition to, to or change in, such in supplies or components furnished, furnished or construction work performed that was made subsequent to the Contractor’s delivery or performance. ; or iii. (3) A claimed infringement that is unreasonably settled without the Contractor's consentconsent of the subcontractor, unless required by final decree of a court of competent jurisdiction.

Patent Indemnity. a. The Contractor shall indemnify WMATA and its Board members, officers, directors, agents and employees against liability, including costs, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order under 35 U.S.C. § 181) arising out of the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property under this Contract. If the Contractor is not the original equipment manufacturer (OEM) for a manufactured product purchased under this Contract, it will ensure that the patent holder provides indemnity to WMATA under this clausearticle. This indemnity shall not apply unless the Contractor is informed as soon as practicable by WMATA of the suit or action alleging such infringement and is given such opportunity as is afforded by applicable laws, rules, or regulations to participate in the defense thereof. Such indemnity shall not apply to: i. An infringement resulting from compliance with the Contracting Officer's specific written instructions directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner or performance of the Contract not normally used by the Contractor;a ii. An infringement resulting from addition to, or change in, such supplies or components furnished, or construction work performed that was made subsequent to delivery or performance by the Contractor’s delivery or performance. ; or iii. A claimed infringement that is unreasonably settled without the Contractor's consent, unless required by final decree of a court of competent jurisdiction."

Patent Indemnity. a. The Contractor shall indemnify WMATA and its Board members, officers, directors, agents and employees against liability, including costs, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order under 35 U.S.C. § 181) arising out of the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property under this Contract. If the Contractor is not the original equipment manufacturer (OEM) for a manufactured product purchased under this Contract, it will ensure that the patent holder provides indemnity to WMATA under this clausearticle. This indemnity shall not apply unless the Contractor is informed as soon as practicable by WMATA of the suit or action alleging such infringement and is given such opportunity as is afforded by applicable laws, rules, or regulations to participate in the defense thereof. Such indemnity shall not apply to:to:‌ i. An infringement resulting from compliance with the Contracting Officer's specific written instructions directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner or performance of the Contract not normally used by the Contractor; ii. An infringement resulting from addition to, or change in, such supplies or components furnished, or construction work performed that was made subsequent to delivery or performance by the Contractor’s delivery or performance. ; or iii. A claimed infringement that is unreasonably settled without the Contractor's consent, unless required by final decree of a court of competent jurisdiction."

Patent Indemnity. a. The Contractor shall indemnify WMATA and its Board members, officers, directors, agents and employees against liability, including costs, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order under 35 U.S.C. § 181) arising out of the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property under this Contract. If the Contractor is not the original equipment manufacturer (OEM) for a manufactured product purchased under this Contract, it will ensure that the patent holder provides indemnity to WMATA under this clause. This indemnity shall not apply unless the Contractor is informed as soon as practicable by WMATA of the suit or action alleging such infringement and is given such opportunity as is afforded by applicable laws, rules, or regulations to participate in the defense thereof. Such indemnity shall not apply to: i. An infringement resulting from compliance with the Contracting Officer's specific written instructions directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner or performance of the Contract not normally used by the Contractor; ii. An infringement resulting from addition to, or change in, such supplies or components furnished, or construction work performed that was made subsequent to the Contractor’s delivery or performance. or iii. A claimed infringement that is unreasonably settled without the Contractor's consent, unless required by final decree of a court of competent jurisdiction. 35.