Common use of Patent or Copyright Infringement Clause in Contracts

Patent or Copyright Infringement. Provider shall represent that, to the best of its knowledge, none of the software to be used, developed or provided pursuant to this Agreement violates or infringes upon any patent, copyright, or any other right of a third party. If any claim or suit is brought against Subcontractor, Health Plan or the State for the infringement of such patents or copyrights arising from Provider’s use of any equipment, materials, computer software and products, or information prepared by or on behalf of Provider, or developed in connection with Provider’s performance of the Agreement, then Provider shall, at its expense, defend such claim or suit. Provider shall satisfy any final award for such infringement, through a judgment involving such a claim, suit or by settlement, with Subcontractor and Health Plan’s right of approval.