PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contractor desires to use any design, device, material, or process covered by letters of patent or copyright, the right for such use shall be procured by the Contractor from the patentee or owner. The Contractor shall defend, protect, indemnify and hold harmless the State of Hawaii, the contracting agency, and their officers, employees, and agents from and against all liability, loss, damage, cost, and expense, including attorney’ fees, and all claims, suits, and demands arising out of or resulting from any claims, demands, or actions by the patent holder for infringement or other improper or unauthorized use of any patented article, patented design, patented device, patented process, patented appliance or patented material in connection with this Contract. The Contractor shall be solely responsible for correcting or curing to the satisfaction of the DHHL any such infringement or improper or unauthorized use, including, without limitation: (a) furnishing at no cost to the DHHL a substitute article, design, device, process, appliance or material acceptable to the DHHL; (b) paying royalties or other required payments to the patent holder; (c) obtaining proper authorizations or releases from the patent holder; and (d) furnishing such security to or making such arrangement with the patent holder as may be necessary to correct or cure any such infringement or improper or unauthorized use. This section shall not apply to any article, design, device, material, appliance or process covered by letters of patent or copyright, which the Contractor is required to use by the Drawings or Specifications.
PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, the Contractor shall provide for such use by suitable legal agreement with the patentee or Owner. The Contractor and the surety shall indemnify and save harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work.
PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner of such rights. THE CONTRACTOR AND ITS SURETY SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE OWNER AND ITS SEPARATE CONTRACTORS AND CONSULTANTS, ANY THIRD PARTY, AND ANY POLITICAL SUBDIVISION FROM AND AGAINST SUITS OR CLAIMS FOR INFRINGEMENT OF COPYRIGHTS, TRADEMARKS, PATENTS, AND OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY KIND, BUT SHALL NOT BE RESPONSIBLE FOR SUCH DEFENSE OR LOSS WHEN A PARTICULAR DESIGN, PROCESS OR PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS IS REQUIRED BY THE OWNER, OR WHERE THE COPYRIGHT VIOLATIONS ARE REQUIRED IN THE OWNER’S CRITERIA ON THE CONDITION THAT CONTRACTOR PROVIDES FOR SUCH USE BY SUITABLE LEGAL AGREEMENT WITH THE PATENTEE OR OWNER OF SUCH RIGHTS. FURTHER AND WITHOUT LIMITING THE FOREGOING OR CONTRACTOR’S OTHER OBLIGATIONS, IF THERE IS A REASON FOR THE CONTRACTOR TO BELIEVE THAT THE DESIGN, PROCESS OR PRODUCT REQUIRED IN THE OWNER’S CRITERIA IS AN INFRINGEMENT OF A COPYRIGHT OR A PATENT, THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUCH LOSS UNLESS SUCH INFORMATION IS PROMPTLY FURNISHED TO THE OWNER. THE CONTRACTOR WILL REQUIRE ALL OF THOSE WITH WHOM IT CONTRACTS FOR THE PROJECT TO INCORPORATE THE SAME TERMS AND CONDITIONS AS SET FORTH IN THIS SECTION. 70-4 RESTORATION OF SURFACES DISTURBED BY OTHERS. The Owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another Government agency at any time during the progress of the Work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the Owner, such authorized work (by others) is indicated in the special conditions, or on the Plans. Except as described above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the Work without the written permission of the Owner. Should the Owner of public or private utility service, FAA, or NOAA facility, or a utility service of another Government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the Work, the Contractor shall co...
PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contract requires, or the Consultant desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Consultant shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, the Consultant shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the Contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement.
PATENTED DEVICES, MATERIALS AND PROCESSES. If the CONSULTANT employs any design, device, material, or process covered by letters of patent or copyright, it shall provide for such use by suitable legal agreement with the patentee or owner. The CONSULTANT shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work. The CONSULTANT shall defend, indemnify and save harmless the STATE, any affected third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the STATE for any costs, expenses and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution of or after the acceptance of the work.
PATENTED DEVICES, MATERIALS AND PROCESSES. CONTRACTOR shall indemnify and save harmless XXXXXXX and its duly authorized representatives from all liabilities, judgments, costs, damages and expenses which may result from the infringement of any patents, trademarks or copyrights by reason of the use of any proprietary MATERIALS, devices, equipment or processes incorporated in or used in the performance of the WORK under this CONTRACT.
PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contractor is required or desires to use any design, device, material or process covered by letters patent or copyrighted, he shall provide for such use by suitable legal agreement with the patentee. The Contractor and the Surety shall indemnify, hold harmless, and defend the County of Xxxxx for any and all claims for infringement by reason of the use of any such patent, design, device, material or process, or trademark or copyright in connection with the Work agreed to be performed under this Contract, and shall indemnify the County of Xxxxx for any costs, expense and damages which it may be obliged to pay by reason of any such infringement at any time during the prosecution or after the completion of the Work.
PATENTED DEVICES, MATERIALS AND PROCESSES. Include all royalties and costs arising from patents, trademarks, and copyrights, in any way involved in the work in the Contract price. Whenever using any design, device, material, or process covered by letters patent or copyright, obtain the right for such use by suitable legal agreement with the patentee or owner of the copyright. File a copy of such agreement with the Engineer. However, whether or not such agreement is made or filed as noted, the Contractor and the surety in all cases shall indemnify, defend, and save harmless, the Department from all claims for infringement by reason of the use of any such patented design, device, material, or process on work under the Contract, and shall indemnify the Department for all costs, expenses, and damages that it may be obliged to pay by reason of any such infringement, at any time during the prosecution or after the completion of the work.
PATENTED DEVICES, MATERIALS AND PROCESSES. 19.1. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner and a copy of such agreement shall be filed with the Commission. The Contractor shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and hold the Commission harmless from loss on account thereof, except that the Commission will be responsible for any such loss when a particular process, design or the product of a particular manufacturer or manufacturers as specified is an infringement of a patent.
PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contract requires, or Contractor desires the use of any design, device, material or process covered by letter, patent or copyright, trademark or trade name, Contractor shall provide for such use by suitable legal agreement with the patentee or owner allowing use of such design, devise, material or process in the Work. A copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, Contractor and Contractor’s Surety shall indemnify and save harmless the City from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or trade name or copyright in connection with the Work agreed to be performed under the Contract, and shall indemnify the City for any costs, expenses and damages which it may be obliged to pay, including costs, expense and attorneys’ fees incident to litigation by reason of any such infringement at any time during the prosecution or after the completion of the Work.
