Common use of Patent Clause in Contracts

Patent. Seller will defend any suit or proceeding against buyer, insofar as it is based on a claim that any article or part thereof furnished hereunder constitutes an infringement of any patent of the United States, if Seller is notified promptly in writing and given authority, information and assistance (at Sellers expense) for the defense or settlement of the same, and the Seller will pay all damages and cost which by final judgement (or by settlement agreed to by seller) are awarded therein against Buyer, provided, however, that no obligation or liability shall result from the foregoing provision if (a) any such article or parts is manufactured in accordance with any design, drawing or specification that is furnised to Seller by or for Buyer and that is not based upon Seller’s design, drawing or specification, or (b) such infringement or alleged infringement arises out of or is based upon the use of the article with another article or material or in a particular manner.

Patent. Seller will defend any suit or proceeding against buyer, insofar as it is based on a claim that any article or part thereof furnished hereunder constitutes an infringement of any patent of the United States, if Seller is notified promptly in writing and given authority, information and assistance (at Sellers expense) for the defense or settlement of the same, and the Seller will pay all damages and cost which by final judgement (or by settlement agreed to by seller) are awarded therein against BuyerXxxxx, provided, however, that no obligation or liability shall result from the foregoing provision if (a) any such article or parts is manufactured in accordance with any design, drawing or specification that is furnised to Seller by or for Buyer and that is not based upon Seller’s design, drawing or specification, or (b) such infringement or alleged infringement arises out of or is based upon the use of the article with another article or material or in a particular manner.

Patent. Seller will defend any suit or proceeding against buyerBuyer, insofar as it is based on a claim that any article or part thereof furnished hereunder constitutes an infringement of any patent of the United States, if Seller seller is notified promptly in writing and given authority, information and assistance (at Sellers expense) for the defense or settlement of the same, and the Seller will pay all damages and cost which by final judgement judgment (or by settlement agreed to by sellerSeller) are awarded therein against Buyer, provided, however, that no obligation or liability shall result from the foregoing provision if (a) any such article or parts is manufactured in accordance Accordance with any amity design, drawing or specification that is furnised furnished to Seller by or for Buyer and that is not based upon Seller’s design, drawing or specification, or (b) such infringement or alleged infringement arises out of or is based upon the use of the article with another article or material or in a particular manner.