Common use of PTC’s Obligation to Indemnify Customer Clause in Contracts

PTC’s Obligation to Indemnify Customer. PTC, at its own expense, will defend any action brought against Customer based on a claim that any Licensed Product infringes a United States, European Union or Japanese patent, copyright or trademark and, at its option, will settle any such action or will pay any final judgment awarded against Customer, provided that: (a) PTC shall be notified promptly in writing by Customer of any notice of any such claim; (b) PTC shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise and shall bear the costs of the same (unless one or more of the exclusions in Section 8.3 applies); and (c) Customer shall cooperate fully at PTC’s expense with PTC in the defense, settlement or compromise of such claim. This Section states PTC’s sole and exclusive liability, and Customer’s sole remedy, for any and all claims relating to infringement of any intellectual property right.

PTC’s Obligation to Indemnify Customer. PTC, at its own expense, will defend any action brought against Customer based on a claim that any Licensed Product infringes a United States, European Union or Japanese patent, copyright or trademark and, at its option, will settle any such action or will pay any final judgment awarded against Customer, provided that, except where prohibited by law or regulation: (a) PTC shall be notified promptly in writing by Customer of any notice of any such claim; (b) PTC shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise and shall bear the costs of the same (unless save where one or more of the exclusions in Section 8.3 7.3 applies); and (c) Customer shall cooperate fully at PTC’s expense with PTC in the defense, settlement or compromise of such claim. This Section states PTC’s sole and exclusive liability, and Customer’s sole remedy, for any and all claims relating to infringement of any intellectual property right.

PTC’s Obligation to Indemnify Customer. PTC, at its own expense, will defend any action brought against Customer based on a claim that any Licensed Product infringes a United States, European Union or Japanese patent, copyright or trademark and, at its option, will settle any such action or will pay any final judgment awarded against Customer, provided that: (a) PTC shall be notified promptly in writing by Customer of any notice of any such claim; (b) PTC shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise and shall bear the costs of the same (unless one or more of the exclusions in Section 8.3 7.3 applies); and (c) Customer shall cooperate fully at PTC’s expense with PTC in the defense, settlement or compromise of such claim. This Section states PTC’s sole and exclusive liability, and Customer’s sole remedy, for any and all claims relating to infringement of any intellectual property right.

PTC’s Obligation to Indemnify Customer. PTC, at its own expense, will defend any action brought against Customer based on a claim that any Licensed Product infringes a United States, States and/or European Union or Japanese member states’ patent, copyright or trademark and, at its PTC’s option, will settle any such action or will pay any final judgment awarded against Customer, provided that: (a) PTC shall be notified promptly in writing by Customer of any notice of any such claim; (b) PTC shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise and shall bear the costs of the same (unless save where one or more of the exclusions in Section 8.3 6.3 applies); and (c) Customer shall cooperate fully at PTC’s expense with PTC in the defense, settlement or compromise of such claim. This Section states PTC’s sole and exclusive liability, and Customer’s sole remedy, Any claims for any and all claims relating to damages based on the infringement of any intellectual property rightthird party rights set out above are subject to the limitation of liability as set forth in Section 7.

PTC’s Obligation to Indemnify Customer. PTC, at its own expense, will defend any action brought against Customer based on a claim that any Licensed Product infringes a United States, European Union or Japanese patent, copyright or trademark and, at its option, will settle any such action or will pay any final judgment awarded against Customer, provided that: (a) PTC shall be notified promptly in writing by Customer of any notice of any such claim; (b) PTC shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise and shall bear the costs of the same (unless save where one or more of the exclusions in Section 8.3 7.3 applies); and (c) Customer shall cooperate fully at PTC’s expense with PTC in the defense, settlement or compromise of such claim. This Section states PTC’s sole and exclusive liability, and Customer’s sole remedy, for any and all claims relating to infringement of any intellectual property right.