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

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller indemnifies and holds harmless Buyer from any and all damages, costs, including legal fees, losses, and liabilities resulting from a suit or proceeding from infringement of any patent, trademark or copyright by reason of the sale or use of any item sold to Buyer hereunder, and from reasonable expenses incurred by Buyer in defense of such suit or proceeding to the extent Seller does not undertake the defense thereof; provided, that Seller is promptly notified of any such suit and Buyer offers Seller full and exclusive control of the defense of such suit or proceeding when products of Seller only are involved therein or the right to participate in the defense of such suit or proceeding when products other than those of Seller are also involved therein; except that this indemnity shall not extend to infringement resulting solely from Seller’s compliance with Buyer’s detailed design drawings, processes or formulas. In the event of an injunction or restraining order, Seller will, at its own expense, either procure for Buyer the right to continue to sell and use the item, or replace or modify the item so that it becomes non-infringing. Seller will also indemnify Buyer’s customers and agents for such infringement if and to the extent that Buyer has agreed so to indemnify them, but to no greater extent than Seller has indemnified Buyer herein and under the same conditions as set forth herein.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller indemnifies shall indemnify and holds hold harmless Buyer from any and all damages, costs, including legal fees, losses, fees losses and liabilities resulting from a suit or proceeding from infringement of any patent, trademark or copyright by reason of the sale or use of any item product sold to Buyer hereunder, hereunder and from reasonable expenses incurred by Buyer in defense of such suit or proceeding to the extent if Seller does not undertake the defense thereof; provided, provided that Seller is promptly notified of any such suit and and, Buyer offers Seller full and exclusive control of the defense of such suit or proceeding when products of Seller only are involved therein or the right to participate in the defense of such suit or proceeding when products other than those of Seller are also involved therein; except that this indemnity shall not extend to infringement resulting solely from form Seller’s compliance with Buyer’s detailed design drawingsspecific designs, processes or formulas. In the event of an injunction or restraining order, Seller willshall, at its own expense, either procure for Buyer the right to continue to sell and use the itemproduct, or replace or modify the item product so that it becomes non-infringing. Seller will shall also indemnify indemnity Buyer’s customers and agents for such infringement if and to the extent that Buyer Xxxxx has agreed so to indemnify indemnity them, but to no greater extent than extend that Seller has indemnified Buyer herein and under the same conditions as set forth herein.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller indemnifies shall indemnify and holds hold harmless Buyer from any and all damages, costs, including legal fees, losses, fees losses and liabilities resulting from a suit or proceeding from infringement of any patent, trademark or copyright by reason of the sale or use of any item product sold to Buyer hereunder, hereunder and from reasonable expenses incurred by Buyer in defense of such suit or proceeding to the extent if Seller does not undertake the defense thereof; provided, provided that Seller is promptly notified of any such suit and and, Buyer offers Seller full and exclusive control of the defense of such suit or proceeding when products of Seller only are involved therein or the right to participate in the defense of such suit or proceeding when products other than those of Seller are also involved therein; except that this indemnity shall not extend to infringement resulting solely from form Seller’s compliance with Buyer’s detailed design drawingsspecific designs, processes or formulas. In the event of an injunction or restraining order, Seller willshall, at its own expense, either procure for Buyer the right to continue to sell and use the itemproduct, or replace or modify the item product so that it becomes non-infringing. Seller will shall also indemnify indemnity Buyer’s customers and agents for such infringement if and to the extent that Buyer has agreed so to indemnify indemnity them, but to no greater extent than extend that Seller has indemnified Buyer herein and under the same conditions as set forth herein.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller indemnifies and holds harmless Buyer from any and all damages, costs, including legal fees, losses, and liabilities resulting from a suit or proceeding from infringement of any patent, trademark or copyright by reason of the sale or use of any item sold to Buyer hereunder, and from reasonable expenses incurred by Buyer in defense of such suit or proceeding to the extent Seller does not undertake the defense thereof; provided, that Seller is promptly notified of any such suit and Buyer offers Seller full and exclusive control of the defense of such suit or proceeding when products of Seller only are involved therein or the right to participate in the defense of such suit or proceeding when products other than those of Seller are also involved therein; except that this indemnity shall not extend to infringement resulting solely from Seller’s compliance with BuyerXxxxx’s detailed design drawings, processes or formulas. In the event of an injunction or restraining order, Seller will, at its own expense, either procure for Buyer the right to continue to sell and use the item, or replace or modify the item so that it becomes non-infringing. Seller will also indemnify Buyer’s customers and agents for such infringement if and to the extent that Buyer Xxxxx has agreed so to indemnify them, but to no greater extent than Seller has indemnified Buyer herein and under the same conditions as set forth herein.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller indemnifies shall indemnify and holds hold harmless Buyer from any and all damages, costs, including legal fees, losses, and liabilities resulting from a suit or proceeding from infringement of any patent, trademark or copyright by be reason of the sale or use of any item product sold to Buyer hereunder, and from reasonable expenses incurred by Buyer in defense of such suit or proceeding to the extent if Seller does not undertake the defense thereof; provided, that Seller is promptly notified of any such suit and and, except for suits against the U.S. Government, Buyer offers Seller full and exclusive control of the defense of such suit or proceeding when products of Seller only are involved therein or the right to participate in the defense of such suit or proceeding when products other than those of Seller are also involved therein; except that that, this indemnity shall not extend to infringement resulting solely from Seller’s compliance with Buyer’s detailed design drawingsspecific designs, processes or formulas. In the event of an injunction or restraining order, Seller willshall, at its own expense, either procure for Buyer the right to continue to sell and use the itemproduct, or replace or modify the item product so that it becomes non-infringing. Seller will shall also indemnify Buyer’s customers and agents for such infringement if and to the extent that Buyer has agreed so to indemnify them, but to no greater extent than Seller has indemnified Buyer herein and under the same conditions as set forth herein.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller indemnifies shall indemnify and holds hold harmless Buyer from any and all damages, costs, including legal fees, losses, and liabilities resulting from a suit or proceeding from infringement of any patent, trademark or copyright by be reason of the sale or use of any item product sold to Buyer hereunder, and from reasonable expenses incurred by Buyer in defense of such suit or proceeding to the extent if Seller does not undertake the defense thereof; provided, that Seller is promptly notified of any such suit and and, except for suits against the U.S. Government, Buyer offers Seller full and exclusive control of the defense of such suit or proceeding when products of Seller only are involved therein or the right to participate in the defense of such suit or proceeding when products other than those of Seller are also involved therein; except that that, this indemnity shall not extend to infringement resulting solely from Seller’s compliance with Buyer’s detailed design drawingsspecific designs, processes or formulas. In the event of an injunction or restraining order, Seller willshall, at its own expense, either procure for Buyer the right to continue to sell and use the itemproduct, or replace or modify the item product so that it becomes non-infringing. Seller will shall also indemnify Buyer’s customers and agents for such infringement if and to the extent that Buyer Xxxxx has agreed so to indemnify them, but to no greater extent than Seller has indemnified Buyer herein and under the same conditions as set forth herein.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller indemnifies and holds harmless Buyer from any and all damages, costs, including legal fees, losses, and liabilities resulting from a suit or proceeding from infringement of any patent, trademark or copyright by reason of the sale or use of any item sold to Buyer hereunder, and from reasonable expenses incurred by Buyer in defense of such suit or proceeding to the extent Seller does not undertake the defense thereof; provided, that Seller is promptly notified of any such suit and Buyer offers Seller full and exclusive control of the defense of such suit or proceeding when products of Seller only are involved therein or the right to participate in the defense of such suit or proceeding when products other than those of Seller are also involved therein; except that this indemnity shall not extend to infringement resulting solely from Seller’s compliance with BuyerXxxxx’s detailed design drawings, processes or formulas. In the event of an injunction or restraining order, Seller will, at its own expense, either procure for Buyer the right to continue to sell and use the item, or replace or modify the item so that it becomes non-non- infringing. Seller will also indemnify Buyer’s customers and agents for such infringement if and to the extent that Buyer Xxxxx has agreed so to indemnify them, but to no greater extent than Seller has indemnified Buyer herein and under the same conditions as set forth herein.