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

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. 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 attorney’s fees and/or costs), liabilities, damages, costs, and attorney’s 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 based on misappropriation or wrongful use of information or documents) and arising out of the manufacture, sale or use of Goods by either Buyer or its customer. Buyer and/or its customer will duly notify Seller of such claim, suit or action, and Seller will, at its own expense, fully defend such claim, suit or action on behalf of Buyer and its customer. Seller will have no obligation under this article with regards to any infringement arising from (a) Seller’s compliance with formal specifications issued by Buyer where infringement could not have been avoided in complying with such Specification(s) or (b) use or sale of Goods in combination with other items when such infringement would not have occurred from the use or sale of those Goods solely for the purpose for which they were designed or sold by Seller.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller shall will indemnify, defend and hold harmless Buyer and its customer customers 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, awards exceeding actual damages and/or including attorney’s attorneys’ fees and/or costs), liabilities, damages, costs, costs and attorney’s attorneys’ fees related to or arising out of 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 designdesign 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 Goods by either Buyer or its customercustomers (collectively, “Indemnitees”). Buyer and/or its customer customers will duly notify Seller of any such claim, suit or action, ; and Seller will, at its own expense, fully defend such claim, suit or action on behalf of Buyer and its customerIndemnitees. Seller will have no obligation under this article with regards regard to any infringement arising from (a) Seller’s compliance with formal specifications issued by Buyer where infringement could not have been be avoided in complying with such Specification(s) specifications or (b) use or sale of Goods in combination with other items when such infringement would not have occurred from the use or sale of those Goods solely for the purpose for which they were designed or sold by Seller. For purposes of this article only, the term Buyer will include Buyer and all of its subsidiaries and all officers, agents and employees of Buyer or any Buyer subsidiary.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller shall will 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 attorney’s attorneys' fees and/or costs), liabilities, damages, costs, costs and attorney’s 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 designdesign 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 Goods by either Buyer or its customer. Buyer and/or its customer will duly notify Seller of any such claim, suit or action, and . Seller will, at its own expense, fully defend such claim, suit or action on behalf of Buyer and its customerthe indemnitees. Seller will have no obligation under this article Article with regards regard to any infringement arising from (a) the compliance of Seller’s compliance 's new product design with formal specifications issued by Buyer where infringement could not have been be avoided in complying with such Specification(s) specifications or (b) use or sale of Goods for other than their intended application in combination with other items when such infringement would not have occurred from the use or sale of those Goods solely for the purpose for which they were designed or sold by Seller.. The exception in

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller shall will 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 attorney’s attorneys' fees and/or costs), liabilities, damages, costs, costs and attorney’s 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 designdesign 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 Goods Services by either Buyer or its customer. Buyer and/or its customer will duly notify Seller of any such claim, suit or action, and . Seller will, at its own expense, fully defend such claim, suit or action on behalf of Buyer and its customerindemnitees. Seller will have no obligation under this article with regards regard to any infringement arising from (a) the compliance of Seller’s compliance 's new product design with formal specifications issued by Buyer where infringement could not have been be avoided in complying with such Specification(s) or (b) use or sale of Goods in combination with other items when such infringement would not have occurred from the use or sale of those Goods solely for the purpose for which they were designed or sold by Seller.specifications or

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller shall will 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 attorney’s attorneys' fees and/or costs), liabilities, damages, costs, costs and attorney’s 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 designdesign 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 Goods goods by either Buyer or its customer. Buyer and/or its customer will duly notify Seller of any such claim, suit or action, and . Seller will, at its own expense, fully defend such claim, suit or action on behalf of Buyer and its customerthe indemnitees. Seller will have no obligation under this article Article with regards regard to any infringement arising from (a) the compliance of Seller’s compliance 's new product design with formal specifications issued by Buyer where infringement could not have been be avoided in complying with such Specification(s) specifications or (b) use or sale of Goods goods for other than their intended application in combination with other items when such infringement would not have occurred from the use or sale of those Goods goods solely for the purpose for which they were designed or sold by Seller.. The exception in

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller shall will indemnify, defend and hold harmless Buyer and its customer customer(s) 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 attorney’s attorneys' fees and/or costs), liabilities, damages, costs, costs and attorney’s 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 designdesign 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 Goods by either Buyer or its customercustomer(s). Buyer and/or its customer customer(s) will duly notify Seller of any such claim, suit or action, ; and Seller will, at its own expense, fully defend such claim, suit or action on behalf of Buyer and its customerindemnitees. Seller will have no obligation under this article Article with regards regard to any infringement arising from (a) Seller’s 's compliance with formal specifications issued by Buyer where infringement could not have been be avoided in complying with such Specification(s) or (b) use or sale of Goods in combination with other items when such infringement would not have occurred from the use or sale of those Goods solely for the purpose for which they were designed or sold by Seller.specifications or