PATENTS & ROYALTIES. The Contractor, without exception, shall indemnify and hold harmless the City of Columbia and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process or article manufactured or used in the performance of the contract, including its use by the City of Columbia. If the bidder uses any design, device or materials covered by letters, copyright or patent, it is mutually agreed and understood without exception that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in anyway involved in the work.
PATENTS & ROYALTIES. The bidder, without exception, shall indemnify and hold harmless the FSA and its employees from liability of any nature or kind, including costs and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the FSA or a purchaser. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or costs in any way arising, directly or indirectly, from the use of such design, device, or materials in any way involved in the work.
PATENTS & ROYALTIES. The vendor shall fully indemnify BPCL and users of materials specified herein/supplied at all times, against any action, claim or demand, costs and expenses, arising from or incurred by reasons of any infringement or alleged infringement of any patent, registered design, trademark or name, copy right or any other protected rights in respect of any materials supplied or any arrangement, system or method of using, fixing or working used by the vendor. In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter, the vendor shall be notified thereof immediately and the vendor shall at his/its own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same and/or litigation which may arise thereof.
PATENTS & ROYALTIES. (a) In the prosecution of the Work, Contractor will not use or furnish any patented appliance, article, device or method of construction unless it has authorization for such use. Contractor shall pay all royalty and license fees.
PATENTS & ROYALTIES. AND ENCUMBRANCES - Seller will defend at its own expense any action against Buyer to the extent it is based on a valid claim of infringement of a United States patent, copyright or trademark by Seller's products purchased hereunder and pay those damages or costs finally awarded against Buyer in such action which are directly attributable to such claim, provided Buyer notifies Seller promptly in writing of any such action and prior related claims and gives Seller sole control of the defense and any negotiations for settlement or compromise. Should any Product become, or in Seller's opinion be likely to become, the subject of a claim of infringement, Buyer shall permit Seller, at Seller's option and expense, either (a) to procure for Buyer the right to continue using such Products, (b) replace or modify the same to become noninfringing, or (c) grant Buyer a credit less depreciation for use, damage, and obsolescence and accept its return. Said depreciation shall be an equal amount per year over the life of the Products which is agreed for purposes of this clause to be five (5) years from the date hereof. However, Seller shall have no liability to Buyer under this clause or otherwise for any infringement, or claim thereof based upon [(d) a portion of any Product nonmanufactured or developed by or on behalf of Seller,] (e) the use of the Products in combination with other products, equipment, devices, software, or data not supplied by Seller, or (f) the combination, alteration, or modification of any Product supplied hereunder if such claim would have been avoided by the absence of such combination, alteration, or modification.
