PATENT OR COPYRIGHT INFRINGEMENTS. 10.1 Seller agrees to indemnify Buyer with respect to any suit, claim, or proceeding brought against Buyer alleging that Buyer's use of the Equipment constitutes an infringement of any United States patent or copyright. Seller agrees to defend Buyer against any such claims and to pay all litigation costs, reasonable attorney's fees, settlement payments and any damages awarded in any final judgment arising from such suit, claim or proceeding; provided, however, that Buyer shall promptly advise Seller of any such suit, claim, or proceeding and shall cooperate with Seller in the defense or settlement of such suit, claim or proceeding, at Seller's expense, and provided Seller shall have sole control thereof.
Appears in 2 contracts
Samples: Supply Agreement (Ipcs Equipment Inc), Supply Agreement (Ipcs Equipment Inc)
PATENT OR COPYRIGHT INFRINGEMENTS. 10.1 9.1 Seller agrees to indemnify Buyer with respect to any suit, claim, or proceeding brought against Buyer Xxxxx alleging that BuyerXxxxx's use of the Equipment constitutes an infringement of any United States patent or copyright. Seller agrees to defend Buyer against any such claims and to pay all litigation costs, reasonable attorney's fees, settlement payments and any damages awarded in any final judgment arising from such suit, claim or proceeding; provided, however, that Buyer shall promptly advise Seller of any such suit, claim, or proceeding and shall cooperate with Seller in the defense or settlement of such suit, claim or proceeding, at Seller's expense, proceeding and provided Seller shall have sole control thereof.
Appears in 2 contracts
Samples: Supply Agreement (Dutchess County Cellular Telephone Co Inc), Supply Agreement (Dobson Communications Corp)
PATENT OR COPYRIGHT INFRINGEMENTS. 10.1 Seller agrees to indemnify Buyer with respect to any suit, claim, or proceeding brought against Buyer alleging that Buyer's use of the Equipment constitutes an infringement of any United States patent or copyright. Seller agrees to defend Buyer against any such claims and to pay all litigation costs, reasonable attorney's fees, settlement payments and any damages awarded in any final judgment arising from such suit, claim or proceeding; provided, however, that Buyer shall promptly advise Seller of any such suit, claim, or proceeding and shall cooperate with Seller in the defense or settlement of such suit, claim or proceeding, at Seller's expense, proceeding and provided Seller shall have sole control thereof.
Appears in 2 contracts
Samples: Additional Affiliate Agreement (Alamosa PCS Holdings Inc), Additional Affiliate Agreement (Alamosa PCS Holdings Inc)