Common use of Patent Infringement Indemnity Clause in Contracts

Patent Infringement Indemnity. Seller warrants the goods purchased hereunder do not infringe upon any patent, trademark, service xxxx, trade name, copyright or other similar third party intellectual property right and covenants and agrees to defend (at Buyer’s request) and hold harmless Buyer, its customers, agents and subsequent owners from any claim that any product or article sold by Seller hereunder (except goods specifically of Buyer’s design), infringes any letters, patent, copyright or trademark, or from any claim of unfair competition, by reason of its use or sale by Buyer, its customers or agents. Seller further agrees to indemnify (and as incurred, reimburse) Buyer against any and all expense, loss, royalties, profits and damages, including court costs, attorneys’ fees and reasonable value of time expended by Buyer’s employees (as determined by Buyer in its sole discretion), in connection with or resulting from such suit or proceedings, including, without limitation, any settlement or decree of judgment therein. Seller’s obligations hereunder survive acceptance of goods and payment delivered by Buyer.

Appears in 9 contracts

Samples: Terms of Agreement, Terms of Agreement, Terms of Agreement

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Patent Infringement Indemnity. Seller warrants the goods purchased hereunder do not infringe upon any patent, trademark, service xxxxmark, trade name, copyright or other similar third party intellectual property right and covenants and agrees to defend (at BuyerXxxxx’s request) and hold harmless Buyer, its customers, agents and subsequent owners from any claim that any product or article sold by Seller hereunder (except goods specifically of Buyer’s design), infringes any letters, patent, copyright or trademark, or from any claim of unfair competition, by reason of its use or sale by Buyer, its customers or agents. Seller further agrees to indemnify (and as incurred, reimburse) Buyer against any and all expense, loss, royalties, profits and damages, including court costs, attorneys’ fees and reasonable value of time expended by BuyerXxxxx’s employees (as determined by Buyer in its sole discretion), in connection with or resulting from such suit or proceedings, including, without limitation, any settlement or decree of judgment therein. Seller’s obligations hereunder survive acceptance of goods and payment delivered by BuyerXxxxx.

Appears in 7 contracts

Samples: Terms of Agreement, Terms of Agreement, Terms of Agreement

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