Common use of PATENTS, TRADEMARKS, COPYRIGHTS AND UNFAIR COMPETITION Clause in Contracts

PATENTS, TRADEMARKS, COPYRIGHTS AND UNFAIR COMPETITION. Supplier warrants to Buyer that the Products manufactured and the use thereof in the form furnished by Supplier excluding any labels or specifications supplied by Buyer will not infringe any United States or Canadian patents, trademarks, copyrights or other rights of third parties. In the event of a claim of any such infringement and provided that the Supplier is notified thereof promptly upon Buyer becoming aware of such infringements and provided further that Supplier is given the complete defense of such action at its sole cost and expense, Supplier agrees to defend, indemnify, and hold the Buyer Indemnified Parties harmless from and against awards or claims against any or all of the Buyer Indemnified Parties as the result of such infringement. Upon the institution of any suit or action alleging infringement against any or all of the Buyer Indemnified Parties, Supplier may (i) pay the amounts claimed, provided that prior to such payment Supplier obtains a full and final release of the claim in favour of the applicable Buyer Indemnified Parties, in form and substance satisfactory to Cott, or (ii) furnish non-infringing Products, provided they are acceptable to Cott, or (iii) at Supplier’s sole option, continue to supply the allegedly infringing Products, provided that in such event Supplier shall indemnify, defend and hold harmless Buyer Indemnified Parties in respect of any claims which any Buyer Indemnified Party is subjected to on account of infringement if in such suit or action it is held that the manufacture or use of such Products did infringe a United States or Canadian patent, trademark, copyright or other right.

PATENTS, TRADEMARKS, COPYRIGHTS AND UNFAIR COMPETITION. Supplier warrants (a) Seller guarantees to Buyer that the Products Containers manufactured and the use thereof in the form furnished by Supplier excluding any labels or specifications supplied by Buyer Seller will not in itself infringe any valid United States or Canadian patents, trademarks, copyrights or other rights of third partiespatent. In the event of a claim of any such patent infringement and provided that the Supplier Seller is promptly notified thereof promptly upon Buyer becoming aware of such infringements and provided further that Supplier is given the complete defense of and right to dispose at such action claim, and provided that the Buyer shall provide reasonable assistance, at its sole cost and own expense, Supplier to Seller in defending such a claim. Seller, as its only obligation, agrees to defend, indemnify, and hold the Buyer Indemnified Parties harmless from and against any awards or claims against any or all of the Buyer Indemnified Parties as the result of such actual or alleged infringement. Upon the institution of any suit or action alleging infringement against any or all of the Buyer Indemnified PartiesBuyer, Supplier Seller may (i) pay the amounts royalties claimed, provided that prior to such payment Supplier obtains a full and final release of the claim in favour of the applicable Buyer Indemnified Parties, in form and substance satisfactory to Cott, or (ii) furnish non-non infringing ProductsContainers, provided they are acceptable to CottBuyer, or (iii) at SupplierSeller’s sole option, continue to supply the allegedly infringing ProductsContainers, provided that in such event Supplier Seller shall indemnify, defend and hold harmless reimburse Buyer Indemnified Parties in respect of for any claims loss which any Buyer Indemnified Party is subjected to [***] Confidential treatment requested sustains on account of infringement if in such suit or action it is held that the manufacture or use of such Products containers did infringe a valid United States or Canadian patent, trademark, copyright provided that Buyer shall not be reimbursed for any incidental or other rightconsequential damages arising from such items as loss of profits or opportunity due to patent infringement and in no event shall Seller be responsible for damages in excess of the cost of the Containers purchased under this Agreement and the contents thereof.

PATENTS, TRADEMARKS, COPYRIGHTS AND UNFAIR COMPETITION. The Supplier warrants to Buyer that the Products manufactured and the use thereof in the form furnished by the Supplier excluding any labels or specifications supplied by Buyer will not infringe any United States or Canadian patents, trademarks, copyrights or other rights of third parties. In the event of a claim of any such infringement and provided that the Supplier is notified thereof promptly upon Buyer becoming aware of such infringements and provided further that the Supplier is given the complete defense of such action at its sole cost and expense, the Supplier agrees to defend, indemnify, and hold the Buyer Indemnified Parties harmless from and against awards or of claims against any or all of the Buyer Indemnified Parties as the result of such infringement. Upon the institution of any suit or action alleging infringement against any or all of the Buyer Indemnified Parties, the Supplier may (i) pay the amounts claimed, provided that prior to such payment the Supplier obtains a full and final release of the claim in favour of the applicable Buyer Indemnified Parties, in form and substance satisfactory to CottBuyer, or (ii) furnish non-infringing Products, provided they are acceptable to CottBuyer, or (iii) at the Supplier’s sole option, continue to supply the allegedly infringing Products, provided that in such event the Supplier shall indemnify, defend and hold harmless Buyer Indemnified Parties in respect of any claims which any Buyer Indemnified Party is subjected to on account of infringement if in such suit or action it is held that the manufacture or use of such Products did infringe a United States or Canadian patent, trademark, copyright or other right.

PATENTS, TRADEMARKS, COPYRIGHTS AND UNFAIR COMPETITION. The Supplier warrants to Buyer that the Products manufactured and the use thereof in the form furnished by the Supplier excluding any labels or specifications supplied by Buyer will not infringe any United States or Canadian patents, trademarks, copyrights or other rights of third parties. In the event of a claim of any such infringement and provided that the Supplier is notified thereof promptly upon Buyer becoming aware of such infringements and provided further that the Supplier is given the complete defense of such action at its sole cost and expense, the Supplier agrees to defend, indemnify, and hold the Buyer Indemnified Parties harmless from and against awards or of claims against any or all of the Buyer Indemnified Parties as the result of such infringement. Upon the institution of any suit or action alleging infringement against any or all of the Buyer Indemnified Parties, the Supplier may (i) pay the amounts claimed, provided that prior to such payment the Supplier obtains a full and final release of the claim in favour of the applicable Buyer Indemnified Parties, in form and substance satisfactory to CottBuyer, or (ii) furnish non-infringing Products, provided they are acceptable to CottBuyer, or (iii) at the Supplier’s 's sole option, continue to supply the allegedly infringing Products, provided that in such event the Supplier shall indemnify, defend and hold harmless Buyer Indemnified Parties in respect of any claims which any Buyer Indemnified Party is subjected to on account of infringement if in such suit or action it is held that the manufacture or use of such Products did infringe a United States or Canadian patent, trademark, copyright or other right.