Seller’s Indemnity Obligations. under Section 10.1 shall not apply to infringement claims (i) arising from any portion of the Equipment that is manufactured to Buyer's design, (ii) arising from the use of the Equipment in combination with any other apparatus or material not supplied by Seller to the extent that the claims arise from such combination usage, or (iii) alleging that method of use claims in such patent are infringed by any service offering and/or by any use by Buyer of Equipment furnished hereunder to make such service offering available to the extent such service offering or use is not described by Seller in its Specifications.
Appears in 4 contracts
Samples: Supply Agreement (Ipcs Equipment Inc), Additional Affiliate Agreement (Alamosa PCS Holdings Inc), Additional Affiliate Agreement (Alamosa PCS Holdings Inc)