Common use of PATENTED DEVICES, MATERIALS AND PROCESSES Clause in Contracts

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 cooperate with such Owners by arranging and performing the Work in the Contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered by the Owner, the Contractor shall make all necessary repairs to the Work which are due to such authorized work by others, unless otherwise provided for in the Contract Documents. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the Work resulting from such authorized work.