Common use of PATENT, TRADEMARK AND COPYRIGHT INDEMNITY Clause in Contracts

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Unless otherwise prohibited by the Seller’s state constitution or laws and Seller notifies Buyer of such, Seller shall indemnify, defend, and hold harmless Buyer and its customer from all claims, suits, actions, awards (including, but not limited to, awards based on intentional infringement of patents known at the time of such infringement, exceeding actual damages, and/or including attorneys' fees and/or costs), liabilities, damages, costs, and attorneys' fees related to the actual or alleged infringement of any United States or foreign intellectual property right (including, but not limited to, any right in a patent, copyright, industrial design, or semiconductor mask work or based on misappropriation or wrongful use of information or documents) and arising out of the manufacture, sale, or use of Services or goods resulting from Services by either Buyer or its customer. Buyer and/or its customer shall duly notify Seller of any such claim, suit or action; and Seller shall, at its own expense, fully defend such claim, suit, or action on behalf of indemnitees. Seller shall have no obligation under this article with regard to any infringement arising from (a) Seller's compliance with formal specifications issued by Buyer where infringement could not be avoided in complying with such specifications or (b) use or sale of Services or goods resulting from Services in combination with other items when such infringement would not have occurred from the use or sale of those Services or goods resulting from Services solely for the purpose for which they were designed or sold by Seller. For purposes of this article only, the term Buyer shall include The Boeing Company and all Boeing subsidiaries and all officers, agents, and employees of Boeing or any Boeing subsidiary.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Unless otherwise prohibited by the Seller’s state constitution or laws and Seller notifies Buyer of such, Seller shall indemnify, defend, and hold harmless Buyer and its customer from all claims, suits, actions, awards (including, but not limited to, awards based on intentional infringement of patents known at the time of such infringement, exceeding actual damages, and/or including attorneys' fees and/or costs), liabilities, damages, costs, and attorneys' fees related to the actual or alleged infringement of any United States or foreign intellectual property right (including, but not limited to, any right in a patent, copyright, industrial design, or semiconductor mask work or based on misappropriation or wrongful use of information or documents) and arising out of the manufacture, sale, or use of Services or goods resulting from Services by either Buyer or its customer. Buyer and/or its customer shall duly notify Seller of any such claim, suit or action; and . Seller shall, at its own expense, fully defend such claim, suit, or action on behalf of the indemnitees. Seller shall have no obligation under this article with regard to any infringement arising from (a) the compliance of Seller's compliance new product design with formal specifications issued by Buyer where infringement could not be avoided in complying with such specifications or (b) use or sale of Services or goods resulting from Services in combination with other items when such infringement would not have occurred from the use or sale of those Services or goods resulting from Services solely for the purpose for which they were designed or sold by Seller. For purposes of this article only, the term Buyer shall include The Boeing Company and all Boeing subsidiaries and all officers, agents, and employees of Boeing or any Boeing subsidiary.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Unless otherwise prohibited by the Seller’s state constitution or laws and Seller notifies Buyer of such, Seller shall will indemnify, defend, defend and hold harmless Buyer and its customer from all claims, suits, actions, awards (including, but not limited to, awards based on intentional infringement of patents known at the time of such infringement, exceeding which awards may exceed actual damages, and/or including damages and may include attorneys' fees and/or costs), liabilities, damages, costs, costs and attorneys' fees related to the actual or alleged infringement of any United States or foreign intellectual property right (including, but not limited to, any right in a patent, copyright, industrial design, design or semiconductor mask work work, or based on misappropriation or wrongful use of information or documents) and arising out of the manufacture, sale, sale or use of Services or goods resulting from Services by either Buyer or its customer. Buyer and/or its customer shall will duly notify Seller of any such claim, suit or action; and . Seller shallwill, at its own expense, fully defend such claim, suit, suit or action on behalf of indemniteesBuyer and its customer. Seller shall will have no obligation under this article with regard to any infringement arising from (a) the compliance of Seller's compliance new product design with formal specifications issued by Buyer where infringement could not be avoided in complying with such specifications or (b) use or sale of Services or goods resulting from Services in combination with other items when such infringement would not have occurred from the use or sale of those Services or goods resulting from Services solely for the purpose for which they were designed or sold by Seller. For purposes of this article only, the term Buyer shall will include The Boeing Company and all Boeing subsidiaries and all officers, agents, agents and employees of Boeing or any Boeing subsidiary. To the extent that Buyer is not liable for infringement or indemnity through the operation of an Authorization and Consent clause, Seller shall not be liable to Buyer to that same extent.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Unless otherwise prohibited by the Seller’s state constitution or laws law and Seller notifies Buyer of such, Seller shall indemnify, defend, and hold harmless Buyer and its customer from all claims, suits, actions, awards (including, but not limited to, awards based on intentional infringement of patents known at the time of such infringement, exceeding actual damages, and/or including attorneys' fees and/or costs), liabilities, damages, costs, and attorneys' fees related to the actual or alleged infringement of any United States or foreign intellectual property right (including, but not limited to, any right in a patent, copyright, industrial design, or semiconductor mask work or based on misappropriation or wrongful use of information or documents) and arising out of the manufacture, sale, or use of Services or goods resulting from Services by either Buyer or its customer. Buyer and/or its customer shall duly notify Seller of any such claim, suit or action; and . Seller shall, at its own expense, fully defend such claim, suit, or action on behalf of the indemnitees. Seller shall have no obligation under this article Article with regard to any infringement arising from (a) the compliance of Seller's compliance new product design with formal specifications issued by Buyer where infringement could not be avoided in complying with such specifications or (b) use or sale of Services or goods resulting from Services in combination with other items when such infringement would not have occurred from the use or sale of those Services or goods resulting from Services solely for the purpose for which they were designed or sold by Seller. The exception in (a) above shall not apply if the infringement arises out of adherence to one or more industry standards or regulatory requirements. For purposes of this article Article only, the term Buyer shall include The Boeing Company and all Boeing subsidiaries and all officers, agents, and employees of Boeing or any Boeing subsidiary.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Unless otherwise prohibited by the Seller’s state constitution or laws law and Seller notifies Buyer of such, Seller shall indemnify, defend, and hold harmless Buyer and its customer from all claims, suits, actions, awards (including, but not limited to, awards based on intentional infringement of patents known at the time of such infringement, exceeding actual damages, and/or including attorneys' fees and/or costs), liabilities, damages, costs, and attorneys' fees related to the actual or alleged infringement of any United States or foreign intellectual property right (including, but not limited to, any right in a patent, copyright, industrial design, or semiconductor mask work or based on misappropriation or wrongful use of information or documents) and arising out of the manufacture, sale, or use of Services or goods resulting from Services by either Buyer or its customer. Buyer and/or its customer shall duly notify Seller of any such claim, suit or action; and . Seller shall, at its own expense, fully defend such claim, suit, or action on behalf of the indemnitees. Seller shall have no obligation under this article Article with regard to any infringement arising from (a) the compliance of Seller's compliance new product design with formal specifications issued by Buyer where infringement could not be avoided in complying with such specifications or (b) use or sale of Services or goods resulting from Services in combination with other items when such infringement would not have occurred from the use or sale of those Services or goods resulting from Services solely for the purpose for which they were designed or sold by Seller. For purposes of this article Article only, the term Buyer shall include The Boeing Company and all Boeing subsidiaries and all officers, agents, and employees of Boeing or any Boeing subsidiary.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Unless otherwise prohibited by the Seller’s state constitution or laws and Seller notifies Buyer of such, Seller shall will indemnify, defend, defend and hold harmless Buyer and its customer from all claims, suits, actions, awards (including, but not limited to, awards based on intentional infringement of patents known at the time of such infringement, exceeding which awards may exceed actual damages, and/or including damages and may include attorneys' fees and/or costs), liabilities, damages, costs, costs and attorneys' fees related to the actual or alleged infringement of any United States or foreign intellectual property right (including, but not limited to, any right in a patent, copyright, industrial design, design or semiconductor mask work work, or based on misappropriation or wrongful use of information or documents) and arising out of the manufacture, sale, sale or use of Services or goods resulting from Services by either Buyer or its customer. Buyer and/or its customer shall will duly notify Seller of any such claim, suit or action; and . Seller shallwill, at its own expense, fully defend such claim, suit, suit or action on behalf of indemniteesBuyer and its customer. Seller shall will have no obligation under this article with regard to any infringement arising from (a) the compliance of Seller's compliance new product design with formal specifications issued by Buyer where infringement could not be avoided in complying with such specifications or (b) use or sale of Services or goods resulting from Services in combination with other items when such infringement would not have occurred from the use or sale of those Services or goods resulting from Services solely for the purpose for which they were designed or sold by Seller. For purposes of this article only, the term Buyer shall include The will includeThe Boeing Company and all Boeing subsidiaries and all officers, agents, agents and employees of Boeing or any Boeing subsidiary. To the extent that Buyer is not liable for infringement or indemnity through the operation of an Authorization and Consent clause, Seller shall not be liable to Buyer to that same extent.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Unless otherwise prohibited by the Seller’s state constitution or laws law and Seller notifies Buyer of such, Seller shall indemnify, defend, and hold harmless Buyer and its customer from all claims, suits, actions, awards (including, but not limited to, awards based on intentional infringement of patents known at the time of such infringement, exceeding actual damages, and/or including attorneys' fees and/or costs), liabilities, damages, costs, and attorneys' fees related to the actual or alleged infringement of any United States or foreign intellectual property right (including, but not limited to, any right in a patent, copyright, industrial design, or semiconductor mask work or based on misappropriation or wrongful use of information or documents) and arising out of the manufacture, sale, or use of Services or goods resulting from Services by either Buyer or its customer. Buyer and/or its customer shall duly notify Seller of any such claim, suit or action; and . Seller shall, at its own expense, fully defend such claim, suit, or action on behalf of the indemnitees. Seller shall have no obligation under this article with regard to any infringement arising from (a) the compliance of Seller's compliance new product design with formal specifications issued by Buyer where infringement could not be avoided in complying with such specifications or (b) use or sale of Services or goods resulting from Services in combination with other items when such infringement would not have occurred from the use or sale of those Services or goods resulting from Services solely for the purpose for which they were designed or sold by Seller. For purposes of this article only, the term Buyer shall include The Boeing Company and all Boeing subsidiaries and all officers, agents, and employees of Boeing or any Boeing subsidiary.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Unless otherwise prohibited by the Seller’s state constitution or laws and Seller notifies Buyer of such, Seller shall indemnify, defend, and hold harmless Buyer and its customer from all claims, suits, actions, awards (including, but not limited to, awards based on intentional infringement of patents known at the time of such infringement, exceeding actual damages, and/or including attorneys' fees and/or costs), liabilities, damages, costs, and attorneys' fees related to the actual or alleged infringement of any United States or foreign intellectual property right (including, but not limited to, any right in a patent, copyright, industrial design, or semiconductor mask work or based on misappropriation or wrongful use of information or documents) and arising out of the manufacture, sale, or use of Services or goods resulting from Services by either Buyer or its customer. Buyer and/or its customer shall duly notify Seller of any such claim, suit or action; and Seller shall, at its own expense, fully defend such claim, suit, or action on behalf of the indemnitees. Seller shall have no obligation under this article with regard to any infringement arising from (a) the compliance of Seller's compliance new product design with formal specifications issued by Buyer where infringement could not be avoided in complying with such specifications or (b) use or sale of Services or goods resulting from Services in combination with other items when such infringement would not have occurred from the use or sale of those Services or goods resulting from Services solely for the purpose for which they were designed or sold by Seller. For purposes of this article only, the term Buyer shall include The Boeing Company and all Boeing subsidiaries and all officers, agents, and employees of Boeing or any Boeing subsidiary.