Sections 11. 1.1 and 11.1.2 above shall not be applicable to any suit, claim or proceeding based on infringement or violation of a patent or copyright (i) relating to a particular process or product of a particular manufacturer specified by Owner or Design-Builder or (ii) arising from modifications to the Work by Owner or Design-Builder after acceptance of the Work. If the suit, claim or proceeding is based upon events set forth in the preceding sentence, Design-Builder shall defend, indemnify and hold harmless Design-Build Subcontractor to the same extent Design-Build Subcontractor is obligated to defend, indemnify and hold harmless Design-Builder in Section 11.1.1 above.
Appears in 4 contracts
Samples: Standard Form of Agreement Between Design Builder and Design Build Subcontractor Lump Sum, Design Build Subcontract Agreement, Standard Form of Agreement Between Design Builder and Design Build Subcontractor
