Common use of Patents Clause in Contracts

Patents. Unless an infringement arises exclusively from a design that is proprietary to NETAPP and provided by NETAPP, Seller shall, at its expense, hold harmless and defend NETAPP, its customers, and all persons claiming under NETAPP against any suit or suits for the infringement of any patent, trade secret, copyright, design right, trademark or other intellectual property right of a third party and shall indemnify the aforesaid parties against all damages, claims, losses, liabilities, costs and expense of any kind or nature (including without limitation attorney's fees and court costs) arising there from by reason of the manufacture, sale or the normal and intended use of the articles covered by this Agreement. Where performance under this Agreement includes experimental, developmental or research effort and such work is paid for in whole or in part by NETAPP, Xxxxxx agrees to disclose to NETAPP all confidential processes, know how and trade secrets resulting there from and, on request, to assign to NETAPP each invention and property right resulting there from. Should the use by NETAPP or its customers of any of the Goods be enjoined, or in the event Seller desires to minimize its liabilities hereunder, Seller may, at its option, either: (a) substitute a fully equivalent non-infringing item; (b) modify the infringing item so that it no longer infringes but remains functionally equivalent; (c) obtain for NETAPP or NETAPP's customers, at Seller's expense, the right to continue use of such item. If none of the foregoing is feasible, NETAPP may, at its option, require that Seller take back such infringing item and refund to NETAPP or its customers the purchase price therefore.

Patents. Unless an infringement arises exclusively from a design that is proprietary to NETAPP and provided by NETAPP, Seller shall, at its expense, hold harmless and defend NETAPP, its customers, and all persons claiming under NETAPP against any suit or suits for the infringement of any patent, trade secret, copyright, design right, trademark or other intellectual property right of a third party and shall indemnify the aforesaid parties against all damages, claims, losses, liabilities, costs and expense of any kind or nature (including without limitation attorney's attorneys fees and court costs) arising there from by reason of the manufacture, sale or the normal and intended use of the articles covered by this Agreement. Where performance under this Agreement includes experimental, developmental or research effort and such work is paid for in whole or in part by NETAPP, Xxxxxx agrees to disclose to NETAPP all confidential processes, know how and trade secrets resulting there from and, on request, to assign to NETAPP each invention and property right resulting there from. Should the use by NETAPP or its customers of any of the Goods be enjoined, or in the event Seller desires to minimize its liabilities hereunder, Seller may, at its option, either: (a) substitute a fully equivalent non-infringing item; (b) modify the infringing item so that it no longer infringes but remains functionally equivalent; (c) obtain for NETAPP or NETAPP's NETAPPs customers, at Seller's expense, the right to continue use of such item. If none of the foregoing is feasible, NETAPP may, at its option, require that Seller take back such infringing item and refund to NETAPP or its customers the purchase price thereforetherefor.

Patents. Unless an infringement arises exclusively from a design that is proprietary to NETAPP and provided by NETAPP, Seller shall, at its expense, hold harmless and defend NETAPP, its customers, and all persons claiming under NETAPP against any suit or suits for the infringement of any patent, trade secret, copyright, design right, trademark or other intellectual property right of a third party and shall indemnify the aforesaid parties against all damages, claims, losses, liabilities, costs and expense of any kind or nature (including without limitation attorney's fees and court costs) arising there from by reason of the manufacture, sale or the normal and intended use of the articles covered by this Agreement. Where performance under this Agreement includes experimental, developmental or research effort and such work is paid for in whole or in part by NETAPP, Xxxxxx agrees to disclose to NETAPP all confidential processes, know know-how and trade secrets resulting there from and, on request, to assign to NETAPP each invention and property right resulting there from. Should the use by NETAPP or its customers of any of the Goods be enjoined, or in the event Seller desires to minimize its liabilities hereunder, Seller may, at its option, either: (a) substitute a fully equivalent non-infringing item; (b) modify the infringing item so that it no longer infringes but remains functionally equivalent; (c) obtain for NETAPP or NETAPP's customers, at Seller's expense, the right to continue use of such item. If none of the foregoing is feasible, NETAPP may, at its option, require that Seller take back such infringing item and refund to NETAPP or its customers the purchase price therefore.

Patents. Unless an infringement arises exclusively from a design that is proprietary to NETAPP and provided by NETAPP, Seller shall, at its expense, hold harmless and defend NETAPP, its customers, and all persons claiming under NETAPP against any suit or suits for the infringement of any patent, trade secret, copyright, design right, trademark or other intellectual property right of a third party and shall indemnify the aforesaid parties against all damages, claims, losses, liabilities, costs and expense of any kind or nature (including without limitation attorney's attorneys fees and court costs) arising there from by reason of the manufacture, sale or the normal and intended use of the articles covered by this Agreement. Where performance under this Agreement includes experimental, developmental or research effort and such work is paid for in whole or in part by NETAPP, Xxxxxx agrees to disclose to NETAPP all confidential processes, know know-how and trade secrets resulting there from and, on request, to assign to NETAPP each invention and property right resulting there from. Should the use by NETAPP or its customers of any of the Goods be enjoined, or in the event Seller desires to minimize its liabilities hereunder, Seller may, at its option, either: (a) substitute a fully equivalent non-infringing item; (b) modify the infringing item so that it no longer infringes but remains functionally equivalent; (c) obtain for NETAPP or NETAPP's customers, at Seller's expense, the right to continue use of such item. If none of the foregoing is feasible, NETAPP may, at its option, require that Seller take back such infringing item and refund to NETAPP or its customers the purchase price therefore.;

Patents. Unless an infringement arises exclusively from a design that is proprietary to NETAPP and provided by NETAPP, Seller shall, at its expense, hold harmless and defend NETAPP, its customers, and all persons claiming under NETAPP against any suit or suits for the infringement of any patent, trade secret, copyright, design right, trademark or other intellectual property right of a third party and shall indemnify the aforesaid parties against all damages, claims, losses, liabilities, costs and expense of any kind or nature (including without limitation attorney's attorneys fees and court costs) arising there from by reason of the manufacture, sale or the normal and intended use of the articles covered by this Agreement. Where performance under this Agreement includes experimental, developmental or research effort and such work is paid for in whole or in part by NETAPP, Xxxxxx Seller agrees to disclose to NETAPP all confidential processes, know how and trade secrets resulting there from and, on request, to assign to NETAPP each invention and property right resulting there from. Should the use by NETAPP or its customers of any of the Goods be enjoined, or in the event Seller desires to minimize its liabilities hereunder, Seller may, at its option, either: (a) substitute a fully equivalent non-non- infringing item; (b) modify the infringing item so that it no longer infringes but remains functionally equivalent; (c) obtain for NETAPP or NETAPP's NETAPPs customers, at Seller's expense, the right to continue use of such item. If none of the foregoing is feasible, NETAPP may, at its option, require that Seller take back such infringing item and refund to NETAPP or its customers the purchase price thereforetherefor.

Patents. Unless an infringement arises exclusively from a design that is proprietary to NETAPP and provided by NETAPP, Seller shall, at its expense, hold harmless and defend NETAPP, its customers, and all persons claiming under NETAPP against any suit or suits for the infringement of any patent, trade secret, copyright, design right, trademark or other intellectual property right of a third party and shall indemnify the aforesaid parties against all damages, claims, losses, liabilities, costs and expense of any kind or nature (including without limitation attorney's attorneys fees and court costs) arising there from by reason of the manufacture, sale or the normal and intended use of the articles covered by this Agreement. Where performance under this Agreement includes experimental, developmental or research effort and such work is paid for in whole or in part by NETAPP, Xxxxxx agrees to disclose to NETAPP all confidential processes, know how and trade secrets resulting there from and, on request, to assign to NETAPP each invention and property right resulting there from. Should the use by NETAPP or its customers of any of the Goods be enjoined, or in the event Seller desires to minimize its liabilities hereunder, Seller may, at its option, either: (a) substitute a fully equivalent non-infringing item; (b) modify the infringing item so that it no longer infringes but remains functionally equivalent; (c) obtain for NETAPP or NETAPP's customers, at Seller's expense, the right to continue use of such item. If none of the foregoing is feasible, NETAPP may, at its option, require that Seller take back such infringing item and refund to NETAPP or its customers the purchase price therefore.;

Patents. Unless an infringement arises exclusively from a design that is proprietary to NETAPP Seller will hold Buyer and provided by NETAPP, Seller shall, at its expense, hold Buyer's sales outlets and customers harmless and defend NETAPP, its customers, and all persons claiming under NETAPP against any suit or suits for the rightful claim of any third person by way of infringement of any patentUnited States Letters Patent by such of the goods as are of Seller's own manufacture, trade secretbut, copyrightif Buyer furnishes specifications to Seller, design right, trademark or other intellectual property right Buyer will hold Seller harmless against any such claims which arise out of compliance with the specifications. Seller's agreement to hold Buyer harmless shall not apply to any infringement consisting of the use of goods manufactured by Seller as a third party and shall indemnify the aforesaid parties against all damages, claims, losses, liabilities, costs and expense part of any kind or nature (including without limitation attorney's fees combination with goods manufactured by others. In the event that any goods manufactured by Seller are in any suit held to constitute infringement and court costs) arising there from by reason of the manufacture, sale or the normal and intended their use of the articles covered by this Agreement. Where performance under this Agreement includes experimental, developmental or research effort and such work is paid for in whole or in part by NETAPP, Xxxxxx agrees to disclose to NETAPP all confidential processes, know how and trade secrets resulting there from and, on request, to assign to NETAPP each invention and property right resulting there from. Should the use by NETAPP or its customers of any of the Goods be enjoined, or in the event Seller desires Seller, if unable within a reasonable time to minimize its liabilities hereunder, Seller may, at its option, either: (a) substitute a fully equivalent non-infringing item; (b) modify the infringing item so that it no longer infringes but remains functionally equivalent; (c) obtain secure for NETAPP or NETAPP's customers, at Seller's expense, Buyer the right to continue use of using such item. If none goods, either by suspension of the foregoing is feasibleinjunction, NETAPP mayby securing for Buyer a license, or otherwise, will, at its optionown expense, require either replace said goods at Buyer's place of business with non-infringing goods or modify such goods so that Seller take back such infringing item they become non- infringing, or accept the return of the enjoined goods and refund to NETAPP or its customers the purchase price theretofore paid therefore. Whenever Seller deems it necessary or expedient for the protection of Seller's patent rights or for the prevention of patent litigation, infringement of accounting suits, or for any reason whatsoever, to discontinue the sale of any goods manufactured by Seller, Buyer, upon receipt of notice from Seller to discontinue sale of such goods, shall make no further sales or installations of any such goods unless or until authorized to do so in writing by Seller.

Patents. Unless an infringement arises exclusively from a design that is proprietary to NETAPP and provided by NETAPP, Seller shall, at its expense, hold harmless and defend NETAPP, its customers, and all persons claiming under NETAPP against any suit or suits for the infringement of any patent, trade secret, copyright, design right, trademark or other intellectual property right of a third party and shall indemnify the aforesaid parties against all damages, claims, losses, liabilities, costs and expense of any kind or nature (including without limitation attorney's attorneys fees and court costs) arising there from by reason of the manufacture, sale or the normal and intended use of the articles covered by this Agreement. Where performance under this Agreement includes experimental, developmental or research effort and such work is paid for in whole or in part by NETAPP, Xxxxxx agrees to disclose to NETAPP all confidential processes, know know-how and trade secrets resulting there from and, on request, to assign to NETAPP each invention and property right resulting there from. Should the use by NETAPP or its customers of any of the Goods be enjoined, or in the event Seller desires to minimize its liabilities hereunder, Seller may, at its option, either: (a) substitute a fully equivalent non-infringing item; (b) modify the infringing item so that it no longer infringes but remains functionally equivalent; (c) obtain for NETAPP or NETAPP's NETAPPs customers, at Seller's expense, the right to continue use of such item. If none of the foregoing is feasible, NETAPP may, at its option, require that Seller take back such infringing item and refund to NETAPP or its customers the purchase price thereforetherefor.

Patents. Unless an infringement arises exclusively from a design that is proprietary to NETAPP and provided by NETAPP, Seller shall, at its expense, hold harmless and defend NETAPP, its customers, and all persons claiming under NETAPP against any suit or suits for the infringement of any patent, trade secret, copyright, design right, trademark or other intellectual property right of a third party and shall indemnify the aforesaid parties against all damages, claims, losses, liabilities, costs and expense of any kind or nature (including without limitation attorney's fees and court costs) arising there from by reason of the manufacture, sale or the normal and intended use of the articles covered by this Agreement. Where performance under this Agreement includes experimental, developmental or research effort and such work is paid for in whole or in part by NETAPP, Xxxxxx agrees to disclose to NETAPP all confidential processes, know know- how and trade secrets resulting there from and, on request, to assign to NETAPP each invention and property right resulting there from. Should the use by NETAPP or its customers of any of the Goods be enjoined, or in the event Seller desires to minimize its liabilities hereunder, Seller may, at its option, either: (a) substitute a fully equivalent non-infringing item; (b) modify the infringing item so that it no longer infringes but remains functionally equivalent; (c) obtain for NETAPP or NETAPP's customers, at Seller's expense, the right to continue use of such item. If none of the foregoing is feasible, NETAPP may, at its option, require that Seller take back such infringing item and refund to NETAPP or its customers the purchase price therefore.

Patents. Unless an infringement arises exclusively from a design that is proprietary to NETAPP and provided by NETAPP, Seller shall, at its expense, hold harmless and defend NETAPP, its customers, and all persons claiming under NETAPP against any suit or suits for the infringement of any patent, trade secret, copyright, design right, trademark or other intellectual property right of a third party and shall indemnify the aforesaid parties against all damages, claims, losses, liabilities, costs and expense of any kind or nature (including without limitation attorney's fees and court costs) arising there from by reason of the manufacture, sale or the normal and intended use of the articles covered by this Agreement. Where performance under this Agreement includes experimental, developmental or research effort and such work is paid for in whole or in part by NETAPP, Xxxxxx agrees to disclose to NETAPP all confidential processes, know know-how and trade secrets resulting there from and, on request, to assign to NETAPP each invention and property right resulting there from. Should the use by NETAPP or its customers of any of the Goods be enjoined, or in the event Seller desires to minimize its liabilities hereunder, Seller may, at its option, either: (a) substitute a fully equivalent non-infringing item; (b) modify the infringing item so that it no longer infringes but remains functionally equivalent; (c) obtain for NETAPP or NETAPP's customers, at Seller's expense, the right to continue use of such item. If none of the foregoing is feasible, NETAPP may, at its option, require that Seller take back such infringing item and refund to NETAPP or its customers the purchase price thereforetherefor.

Patents. Unless an infringement arises exclusively from a design that is proprietary to NETAPP COGNIGO and provided by NETAPPCOGNIGO, Seller shall, at its expense, hold harmless and defend NETAPPCOGNIGO, its customers, and all persons claiming under NETAPP COGNIGO against any suit or suits for the infringement of any patent, trade secret, copyright, design right, trademark or other intellectual property right of a third party and shall indemnify the aforesaid parties against all damages, claims, losses, liabilities, costs and expense of any kind or nature (including without limitation attorney's fees and court costs) arising there from by reason of the manufacture, sale or the normal and intended use of the articles covered by this Agreement. Where performance under this Agreement includes experimental, developmental or research effort and such work is paid for in whole or in part by NETAPPXXXXXXX, Xxxxxx agrees to disclose to NETAPP COGNIGO all confidential processes, know how and trade secrets resulting there from and, on request, to assign to NETAPP COGNIGO each invention and property right resulting there from. Should the use by NETAPP COGNIGO or its customers of any of the Goods be enjoined, or in the event Seller desires to minimize its liabilities hereunder, Seller may, at its option, either: (a) substitute a fully equivalent non-non- infringing item; (b) modify the infringing item so that it no longer infringes but remains functionally equivalent; (c) obtain for NETAPP COGNIGO or NETAPPCOGNIGO's customers, at Seller's expense, the right to continue use of such item. If none of the foregoing is feasible, NETAPP COGNIGO may, at its option, require that Seller take back such infringing item and refund to NETAPP COGNIGO or its customers the purchase price therefore.

Patents. Unless an infringement arises exclusively from a design that is proprietary to NETAPP and provided by NETAPP, Seller shall, at its expense, hold harmless and defend NETAPP, its customers, and all persons claiming under NETAPP against any suit or suits for the infringement of any patent, trade secret, copyright, design right, trademark or other intellectual property right of a third party and shall indemnify the aforesaid parties against all damages, claims, losses, liabilities, costs and expense of any kind or nature (including without limitation attorney's fees and court costs) arising there from by reason of the manufacture, sale or the normal and intended use of the articles covered by this Agreement. Where performance under this Agreement includes experimental, developmental or research effort and such work is paid for in whole or in part by NETAPP, Xxxxxx agrees to disclose to NETAPP all confidential processes, know know-how and trade secrets resulting there from and, on request, to assign to NETAPP each invention and property right resulting there from. Should the use by NETAPP or its customers of any of the Goods be enjoined, or in the event Seller desires to minimize its liabilities hereunder, Seller may, at its option, either: (a) substitute a fully equivalent non-non- infringing item; (b) modify the infringing item so that it no longer infringes but remains functionally equivalent; (c) obtain for NETAPP or NETAPP's customers, at Seller's expense, the right to continue use of such item. If none of the foregoing is feasible, NETAPP may, at its option, require that Seller take back such infringing item and refund to NETAPP or its customers the purchase price thereforetherefor. NetApp US Public Sector, Inc. Purchase Order Terms and Conditions expense endeavour to assist the Seller in obtaining licenses, agreements or approvals from the governmental authorities, but NETAPP will not be liable in the event of non-issuance, withdrawal or non-renewal of any licenses, agreements or approvals. If applicable, the Seller shall adequately mark all Goods and Services supplied to NETAPP pursuant to the purchase order and Agreement (if applicable) as “ITAR-controlled”, “EAR-Controlled” or “EU- controlled” by specifying (if applicable) the Technical Assistance Agreement reference number and Export Controls Classification Number and include these with the relevant Harmonized System number in the shipping documentation. The Seller is responsible for complying with any legislation governing the import of Goods and Services including but processing agreement, and in compliance with all applicable laws and regulations. Without limiting the foregoing, Seller will not retain, use, or disclose such Personal Data for any purpose other than providing the goods or services specified in such Agreement, including without limitation for any commercial purpose other than providing such goods or services to NETAPP, and in no event may Seller sell such Personal Data to any third party. Seller certifies that it understands the foregoing restrictions and will comply with them. To the extent Seller provides any Personal Data to NETAPP, Seller shall ensure that it has provided all required notices and obtained any required consents to enable NETAPP to receive, transfer, and otherwise process such Personal Data in accordance with the NETAPP Privacy Policy, as may be amended from time to time, the current version of which is posted at xxx.xxxxxx.xxx.

Patents. Unless an infringement arises exclusively from a design that is proprietary to NETAPP and provided by NETAPP, Seller shall, at its expense, hold harmless and defend NETAPP, its customers, and all persons claiming under NETAPP against any suit or suits for the infringement of any patent, trade secret, copyright, design right, trademark or other intellectual property right of a third party and shall indemnify the aforesaid parties against all damages, claims, losses, liabilities, costs and expense of any kind or nature (including without limitation attorney's attorneys fees and court costs) arising there from by reason of the manufacture, sale or the normal and intended use of the articles covered by this Agreement. Where performance under this Agreement includes experimental, developmental or research effort and such work is paid for in whole or in part by NETAPP, Xxxxxx agrees to disclose to NETAPP all confidential processes, know know-how and trade secrets resulting there from and, on request, to assign to NETAPP each invention and property right resulting there from. Should the use by NETAPP or its customers of any of the Goods be enjoined, or in the event Seller desires to minimize its liabilities hereunder, Seller may, at its option, either: (a) substitute a fully equivalent non-non- infringing item; (b) modify the infringing item so that it no longer infringes but remains functionally equivalent; (c) obtain for NETAPP or NETAPP's NETAPPs customers, at Seller's expense, the right to continue use of such item. If none of the foregoing is feasible, NETAPP may, at its option, require that Seller take back such infringing item and refund to NETAPP or its customers the purchase price thereforetherefor.

Patents. Unless an infringement arises exclusively from a design that is proprietary to NETAPP and provided by NETAPP, Seller shall, at its expense, hold harmless and defend NETAPP, its customers, and all persons claiming under NETAPP against any suit or suits for the infringement of any patent, trade secret, copyright, design right, trademark or other intellectual property right of a third party and shall indemnify the aforesaid parties against all damages, claims, losses, liabilities, costs and expense of any kind or nature (including without limitation attorney's fees and court costs) arising there from by reason of the manufacture, sale or the normal and intended use of the articles covered by this Agreement. Where performance under this Agreement includes experimental, developmental or research effort and such work is paid for in whole or in part by NETAPP, Xxxxxx agrees to disclose to NETAPP all confidential processes, know know-how and trade secrets resulting there from and, on request, to assign to NETAPP each invention and property right resulting there from. Should the use by NETAPP or its customers of any of the Goods be enjoined, or in the event Seller desires to minimize its liabilities hereunder, Seller may, at its option, either: (a) substitute a fully equivalent non-infringing item; (b) modify the infringing item so that it no longer infringes but remains functionally equivalent; (c) obtain for NETAPP or NETAPP's ’s customers, at Seller's expense, the right to continue use of such item. If none of the foregoing is feasible, NETAPP may, at its option, require that Seller take back such infringing item and refund to NETAPP or its customers the purchase price thereforetherefor.

Patents. Unless an infringement arises exclusively from a design that is proprietary to NETAPP Seller will hold Buyer and provided by NETAPP, Seller shall, at its expense, hold Buyer’s sales outlets and customers harmless and defend NETAPP, its customers, and all persons claiming under NETAPP against any suit or suits for the rightful claim of any third person by way of infringement of any patentUnited States Letters Patent by such of the goods as are of Seller’s own manufacture, trade secretbut, copyrightif Buyer furnishes specifications to Seller, design right, trademark or other intellectual property right Buyer will hold Seller harmless against any such claims which arise out of compliance with the specifications. Seller’s agreement to hold Buyer harmless shall not apply to any infringement consisting of the use of goods manufactured by Seller as a third party and shall indemnify the aforesaid parties against all damages, claims, losses, liabilities, costs and expense part of any kind or nature (including without limitation attorney's fees combination with goods manufactured by others. In the event that any goods manufactured by Seller are in any suit held to constitute infringement and court costs) arising there from by reason of the manufacture, sale or the normal and intended their use of the articles covered by this Agreement. Where performance under this Agreement includes experimental, developmental or research effort and such work is paid for in whole or in part by NETAPP, Xxxxxx agrees to disclose to NETAPP all confidential processes, know how and trade secrets resulting there from and, on request, to assign to NETAPP each invention and property right resulting there from. Should the use by NETAPP or its customers of any of the Goods be enjoined, or in the event Seller desires Seller, if unable within a reasonable time to minimize its liabilities hereunder, Seller may, at its option, either: (a) substitute a fully equivalent non-infringing item; (b) modify the infringing item so that it no longer infringes but remains functionally equivalent; (c) obtain secure for NETAPP or NETAPP's customers, at Seller's expense, Buyer the right to continue use of using such item. If none goods, either by suspension of the foregoing is feasibleinjunction, NETAPP mayby securing for Buyer a license, or otherwise, will, at its optionown expense, require either replace said goods at Buyer’s place of business with non-infringing goods or modify such goods so that Seller take back such infringing item they become non-infringing, or accept the return of the enjoined goods and refund to NETAPP or its customers the purchase price theretofore paid therefore. Whenever Seller deems it necessary or expedient for the protection of Seller’s patent rights or for the prevention of patent litigation, infringement of accounting suits, or for any reason whatsoever, to discontinue the sale of any goods manufactured by Seller, Buyer, upon receipt of notice from Seller to discontinue sale of such goods, shall make no further sales or installations of any such goods unless or until authorized to do so in writing by Seller.

Patents. Unless an infringement arises exclusively from a design that is proprietary to NETAPP GREENQLOUD and provided by NETAPPGREENQLOUD, Seller shall, at its expense, hold harmless and defend NETAPPGREENQLOUD, its customers, and all persons claiming under NETAPP GREENQLOUD against any suit or suits for the infringement of any patent, trade secret, copyright, design right, trademark or other intellectual property right of a third party and shall indemnify the aforesaid parties against all damages, claims, losses, liabilities, costs and expense of any kind or nature (including without limitation attorney's fees and court costs) arising there from by reason of the manufacture, sale or the normal and intended use of the articles covered by this Agreement. Where performance under this Agreement includes experimental, developmental or research effort and such work is paid for in whole or in part by NETAPPXXXXXXXXXX, Xxxxxx Seller agrees to disclose to NETAPP GREENQLOUD all confidential processes, know how and trade secrets resulting there from and, on request, to assign to NETAPP GREENQLOUD each invention and property right resulting there from. Should the use by NETAPP GREENQLOUD or its customers of any of the Goods be enjoined, or in the event Seller desires to minimize its liabilities hereunder, Seller may, at its option, either: (a) substitute a fully equivalent non-infringing item; (b) modify the infringing item so that it no longer infringes but remains functionally equivalent; (c) obtain for NETAPP GREENQLOUD or NETAPPGREENQLOUD's customers, at Seller's expense, the right to continue use of such item. If none of the foregoing is feasible, NETAPP GREENQLOUD may, at its option, require that Seller take back such infringing item and refund to NETAPP GREENQLOUD or its customers the purchase price therefore. 26.

Patents. Unless an infringement arises exclusively from a design that is proprietary to NETAPP and provided by NETAPP, Seller shall, at its expense, hold harmless and defend NETAPP, its customers, and all persons claiming under NETAPP against any suit or suits for the infringement of any patent, trade secret, copyright, design right, trademark or other intellectual property right of a third party and shall indemnify the aforesaid parties against all damages, claims, losses, liabilities, costs and expense of any kind or nature (including without limitation attorney's fees and court costs) arising there from by reason of the manufacture, sale or the normal and intended use of the articles covered by this Agreement. Where performance under this Agreement includes experimental, developmental or research effort and such work is paid for in whole or in part by NETAPP, Xxxxxx agrees to disclose to NETAPP all confidential processes, know know-how and trade secrets resulting there from and, on request, to assign to NETAPP each invention and property right resulting there from. Should the use by NETAPP or its customers of any of the Goods be enjoined, or in the event Seller desires to minimize its liabilities hereunder, Seller may, at its option, either: (a) substitute a fully equivalent non-infringing item; (b) modify the infringing item so that it no longer infringes but remains functionally equivalent; (c) obtain for NETAPP or NETAPP's NETAPPs customers, at Seller's expense, the right to continue use of such item. If none of the foregoing is feasible, NETAPP may, at its option, require that Seller take back such infringing item and refund to NETAPP or its customers the purchase price thereforetherefor.

Patents. Unless an infringement arises exclusively from a design that is proprietary Seller agrees to NETAPP and provided by NETAPP, Seller shall, at its expenseindemnify, hold harmless and defend NETAPPprotect Corning against any costs (including reasonable attorneys' fees), its customersliabilities, and all persons claiming under NETAPP against judgments arising from any suit or suits for the infringement of any patent, trade secret, copyright, design right, trademark or other intellectual property right of claim made by a third party and shall indemnify against Corning that the aforesaid parties against all damages, claims, losses, liabilities, costs and expense of any kind or nature (including without limitation attorney's fees and court costs) arising there from materials supplied by reason of the manufacture, sale or the normal and intended use of the articles covered by this Agreement. Where performance Seller under this Agreement includes experimentalinfringe patent or copyrights of such third party. Corning shall promptly notify Seller of any such claim, developmental or research effort and such work is paid for in whole or in part by NETAPP, Xxxxxx agrees to disclose provide information and reasonable assistance, and give Seller sole authority to NETAPP all confidential processes, know how and trade secrets resulting there from and, on request, to assign to NETAPP each invention and property right resulting there fromdefend or settle such claim. Should the use by NETAPP or its customers Upon notice of any of the Goods be enjoined, or in the event Seller desires to minimize its liabilities hereunderan alleged infringement, Seller may, at its optionoption and expense, either: (ai) obtain for Coming the right to continue using the Materials, (ii) replace or modify the product so that is becomes non-infringing or non-violating, (iii) substitute a fully an equivalent non-infringing item; (b) modify version of the infringing item so Materials. In the event that it no longer infringes but remains functionally equivalent; (c) obtain for NETAPP or NETAPP's customers, at Seller's expense, the right to continue use of such item. If none of the foregoing above options is feasiblereasonably available, NETAPP mayeither party may terminate this Agreement and Corning may return any and all Materials paid for and in Corning's inventory and obtain a refund from Seller of the price paid by Corning for such inventory. Termination hereunder does not discharge the obligations of Seller to defend Corning and pay costs or judgments. Notwithstanding the above provisions, at its optionSeller assumes no liability for any infringement claims based upon the use of the Materials either (i) in connection or in combination with equipment, require that devices, products or software not provided by Seller take back if such infringing item and refund to NETAPP claims would not have resulted but for some combination or its customers the purchase price thereforeuse, or (ii) for other than normal purposes. THE FOREGOING STATES EACH PARTY'S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO CLAIMS OF INFRINGEMENT OR VIOLATION OF THIRD PARTY PROPRIETARY RIGHTS OF ANY KIND.

Patents. Unless an infringement arises exclusively from a design that is proprietary to NETAPP PLEXISTOR and provided by NETAPPPLEXISTOR, Seller shall, at its expense, hold harmless and defend NETAPPPLEXISTOR, its customers, and all persons claiming under NETAPP PLEXISTOR against any suit or suits for the infringement of any patent, trade secret, copyright, design right, trademark or other intellectual property right of a third party and shall indemnify the aforesaid parties against all damages, claims, losses, liabilities, costs and expense of any kind or nature (including without limitation attorney's fees and court costs) arising there from by reason of the manufacture, sale or the normal and intended use of the articles covered by this Agreement. Where performance under this Agreement includes experimental, developmental or research effort and such work is paid for in whole or in part by NETAPPPLEXISTOR, Xxxxxx agrees to disclose to NETAPP PLEXISTOR all confidential processes, know how and trade secrets resulting there from and, on request, to assign to NETAPP PLEXISTOR each invention and property right resulting there from. Should the use by NETAPP PLEXISTOR or its customers of any of the Goods be enjoined, or in the event Seller desires to minimize its liabilities hereunder, Seller may, at its option, either: (a) substitute a fully equivalent non-infringing item; (b) modify the infringing item so that it no longer infringes but remains functionally equivalent; (c) obtain for NETAPP PLEXISTOR or NETAPPPLEXISTOR's customers, at Seller's expense, the right to continue use of such item. If none of the foregoing is feasible, NETAPP PLEXISTOR may, at its option, require that Seller take back such infringing item and refund to NETAPP PLEXISTOR or its customers the purchase price therefore. 26.