Patents, Trademarks, Copyrights. The Design/Builder shall pay, as a Cost of the Work, all applicable royalties and license fees on any and all matters arising in connection with the Work. The Design/Builder shall defend all suits or claims for infringement of patent, trademark, and copyrights against the Indemnified Parties, and shall save the Indemnified Parties harmless from loss on account thereof for any and all matters arising in connection with the Work or the Project (such costs to be paid as Cost of the Work), except with respect to any particular design process or the product of a particular manufacturer or manufacturers specified and required by the Owner, other than pursuant to the recommendation or suggestion of the Design/Builder or a Team Subcontractor; provided however, if the Design/Builder has reason to believe that the design, process or product so specified is an infringement of a patent, the Design/Builder shall be responsible for any loss resulting unless the Design/Builder has provided the Owner with prompt written notice of the Design/Builder's belief, and the Owner has nevertheless elected to go forward with such design, process or product so specified.
Appears in 10 contracts
Samples: Design/Build Agreement, Design/Build Agreement, Design/Build Agreement
Patents, Trademarks, Copyrights. The Design/-Builder shall pay, as a Cost part of the WorkContract Price, all applicable royalties and license fees on any and all matters arising in connection with the Work. The Design/-Builder shall defend all suits or claims for infringement of patent, trademark, and copyrights against the Indemnified Parties, and shall save the Indemnified Parties harmless from loss on account thereof for any and all matters arising in connection with the Work or the Project (such costs to be paid as Cost of the WorkContract Price), except with respect to any particular design process or the product of a particular manufacturer or manufacturers specified and required by the Owner, other than pursuant to the recommendation or suggestion of the Design/Builder or a Team Subcontractor-Builder; provided however, if the Design/-Builder has reason to believe that the design, process or product so specified is an infringement of a patent, the Design/-Builder shall be responsible for any loss resulting unless the Design/-Builder has provided the Owner with prompt written notice of the Design/-Builder's belief, and the Owner has nevertheless elected to go forward with such design, process or product so specified.
Appears in 1 contract
Samples: Design Build Agreement
Patents, Trademarks, Copyrights. The Design/Builder shall pay, as a Cost of the Work, all applicable royalties and license fees on any and all matters arising in connection with the Work. The Design/Builder shall defend all suits or claims for infringement of patent, trademark, and copyrights against the Indemnified Parties, and shall save the Indemnified Parties harmless from loss on account thereof for any and all matters arising in connection with the Work or the Project (such costs to be paid as Cost of the Work), except with respect to any particular design process or the product of a particular manufacturer or manufacturers specified and required by the Owner, other than pursuant to the recommendation or suggestion of the Design/Builder or a Team SubcontractorBuilder; provided however, if the Design/Builder has reason to believe that the design, process or product so specified is an infringement of a patent, the Design/Builder shall be responsible for any loss resulting unless the Design/Builder has provided the Owner with prompt written notice of the Design/Builder's belief, and the Owner has nevertheless elected to go forward with such design, process or product so specified.
Appears in 1 contract
Samples: Design/Build Services Agreement