Suits or Claims for Infringement Sample Clauses

Suits or Claims for Infringement. The Contractor shall indemnify and hold the Owner harmless from any suits or claims of infringement of any patent rights or copyrights arising out of any patented or copyrighted materials, methods, or systems used by the Contractor.
Sample 1Sample 2Sample 3See All (44)
AutoNDA by SimpleDocs
Suits or Claims for Infringement. The CM/GC shall indemnify and hold the Owner harmless from any suits or claims of infringement of any patent rights or copyrights arising out of any patented or copyrighted materials, methods, or systems used by the CM/GC. Insurance Requirements.
Sample 1Sample 2Sample 3See All (19)
Suits or Claims for Infringement. The Design Builder shall indemnify and hold the Owner harmless from any suits or claims of infringement of any patent rights or copyrights arising out of any patented or copyrighted materials, methods, or systems used by the Design Builder.
Sample 1Sample 2Sample 3See All (17)
Suits or Claims for Infringement. The CMR shall indemnify and hold the Board harmless from any suits or claims of infringement of any patent rights or copyrights arising out of any patented or copyrighted materials, methods, or systems used by the CMR.
Sample 1Sample 2Sample 3
Suits or Claims for Infringement. CM/GC shall indemnify, defend, and hold harmless Owner from any suits or claims of infringement of any patent rights, copyrights, or intellectual property rights arising out of any patented or copyrighted materials, methods, or systems used by CM/GC. Insurance Requirements. CM/GC’s Required Insurance Coverage. CM/GC shall procure the insurance coverages identified below in accordance with the policy requirements listed below. CM/GC shall provide Owner with a Certificate of Insurance showing the required coverage prior to execution of this Contract. If Owner requests, CM/GC shall provide a certified copy of insurance policies required hereunder. Owner owes no duties or contractual obligations to any third party and will not be liable to any third party for CM/GC’s failure to obtain the insurance required hereunder. Worker’s Compensation Insurance Minimum Coverage Limit Coverage to meet Georgia statutory requirements Bodily Injury by Accident $1,000,000 per Accident Bodily Injury by Disease $1,000,000 per Employee $1,000,000 Aggregate Premises and Operations $ 1,000,000.00 per Occurrence and $2,000,000 General Aggregate Products and Completed Operations $1,000,000.00 per Occurrence and $2,000,000 General Aggregate Personal and Advertising Injury $ 1,000,000.00 per Occurrence Commercial Automobile Liability Coverage Minimum Coverage Limit $ 1,000,000.00 combined single limits covering all owned, non-owned, leased or borrowed vehicles used by CM/GC in connection with the Work Projects with GMP Less than $5,000,000 $ 10,000,000 Per Occurrence and General Aggregate Projects with GMP Equal to or Greater than $5,000,000 $20,000,000 Per Occurrence and General Aggregate
Sample 1
Suits or Claims for Infringement. Indemnification and Hold Harmless Agreement
Sample 1
Suits or Claims for Infringement. The CM/GC shall indemnify and hold the Owner harmless from any suits or claims of infringement of any patent rights or copyrights arising out of any patented or copyrighted materials, methods, or systems used by the CM/GC. Insurance Requirements Insurance Certificates. The CM/GC shall, in accordance with 2.1.2.2, procure the insurance coverages identified below at the CM/GC’s expense (e.g. within the bid price and Contract Sum) and shall furnish the Owner an insurance certificate listing the Owner as the certificate holder and as an additional insured. Evidence of insurance coverages shall be provided on the form shown in Section 7 or on a form acceptable to the Owner. The insurance certificate must provide the following: Name and address of authorized agent Name and address of insured Name of insurance company(ies) Description of policies Policy Number(s) Policy Period(s) Limits of liability Name and address of Owner as certificate holder Project Name and Number Signature of authorized agent Telephone number of authorized agent Mandatory thirty day notice of cancellation or non-renewal (except ten days for non payment).
Sample 1
AutoNDA by SimpleDocs
Suits or Claims for Infringement. The Construction Manager shall indemnify and hold the Owner harmless from any suits or claims of infringement of any patent rights or copyrights arising out of any patented or copyrighted materials, methods, or systems used by the Construction Manager.
Sample 1

Related to Suits or Claims for Infringement

  • Patent Infringement 18.1 In the event that LICENSEE learns of the substantial infringement of any REGENTS' PATENT RIGHTS under this AGREEMENT, LICENSEE will promptly provide REGENTS with notice and reasonable evidence of such infringement (“Infringement Notice”). During the period and in a jurisdiction where LICENSEE has exclusive rights under this AGREEMENT, neither party will notify a third party, including the infringer, of the infringement without first obtaining consent of the other party, which consent will not be unreasonably withheld. Both parties will use diligent efforts, in cooperation with each other, to terminate such infringement without litigation. 18.2 If the infringing activity of potential commercial significance has not been abated within ninety (90) days following the effective date of the Infringement Notice, LICENSEE may institute suit for patent infringement against the infringer. REGENTS may voluntarily join such suit at its own expense, but may not thereafter commence suit against the infringer for the acts of infringement that are the subject of LICENSEE’s suit or any judgment rendered in that suit. LICENSEE may not join REGENTS in a suit initiated by LICENSEE without REGENTS’ prior written consent. If, in a suit initiated by LICENSEE, REGENTS is involuntarily joined other than by LICENSEE, LICENSEE will pay any costs incurred by REGENTS arising out of such suit, including but not limited to, any legal fees of counsel that REGENTS selects and retains to represent it in the suit. If, within one hundred and twenty (120) days following the effective date of the Infringement Notice, the infringing activity of potential commercial significance has not been abated and if LICENSEE has not brought suit against the infringer, REGENTS may institute suit for patent infringement against the infringer. If REGENTS institutes such suit, LICENSEE may not join such suit without REGENTS’ consent and may not thereafter commence suit against the infringer for the acts of infringement that are the subject of REGENTS’ suit or any judgment rendered in that suit. 18.3 Such legal action as is decided upon will be at the expense of the party on account of whom suit is brought and all recoveries recovered thereby will belong to such party, provided that legal action brought jointly by REGENTS and LICENSEE and participated in by both, will be at the joint expense of the parties and all recoveries will be allocated in the following order: a) to each party reimbursement in equal amounts of the attorney's costs, fees, and other related expenses to the extent each party paid for such costs, fees, and expenses until all such costs, fees, and expenses are consumed for each party; and b) any remaining amount shared jointly by them in proportion to the share of expenses paid by each party, but in no event will REGENTS’ share be less than ten percent (10%) of such remaining amount if REGENTS is a party. 18.4 Each party will cooperate with the other in litigation instituted hereunder but at the expense of the party on account of whom suit is brought. Such litigation will be controlled by the party bringing the action, except that REGENTS may be represented by counsel of its choice in any suit brought by LICENSE. 18.5 Any AGREEMENT made by LICENSEE for the purposes of settling litigation or other dispute shall comply with the requirements of Article 4 (Sublicenses) of this AGREEMENT.

  • Infringement 9.1 Licensee will notify Licensors in writing of any suspected infringement of the Licensed Patents in the Field of Use, and each Party will inform the other of any evidence of such suspected infringement within a reasonable time of obtaining such evidence. 9.2 Licensors will have the right during the term of this Agreement to institute, prosecute, and settle at its own expense suits for infringement of the Licensed Patents for any infringement occurring within the Field of Use, and if required by law, Licensee will join as party plaintiff in such suit. Where such suit is brought by Licensors, Licensors will be entitled to retain all damages and any other consideration recovered at successful conclusion of the suit, after having reimbursed the Licensors and the Licensee for any cost incurred in such suit (including compensation for the time and expenses of any Licensee’s personnel involved in the suit), such reimbursement being made on a prorated basis in the event such damages and other consideration are not sufficient to cover the costs incurred by both the Licensors and the Licensee. 9.3 In the event Licensors decides not to bring any such suit, Licensors will so notify Licensee and Licensee may bring such suit provided that (1) there are no other licensees of any of the Licensed Patents and (2) Licensors has not commenced suit for enforcement of the Licensed Patents pursuant to 9.4 below. Settlement of any suit brought by Licensee will require the consent of Licensors and Licensee, which neither will unreasonably withhold from the other, and any settlement amount or recovery for damages will be applied as follows: (i) first, to reimburse the Parties for their expenses in connection with the litigation, including compensation for the time and expenses of any Licensors and Licensee’s personnel involved in the suit in accordance with an agreement entered into between the Parties before such suit is brought, and (ii) second, the Parties will share any monies remaining in accordance with an agreement entered into between the Parties before such suit is brought. 9.4 Licensors will have the right in its absolute discretion during the Term of this Agreement to commence suits for infringement of the Licensed Patents for any infringement outside the Field of Use. 9.5 Notwithstanding the pendency of any infringement or other claim or action by or against Licensee, Licensee will have no right to reduce, terminate, suspend or escrow payment of any amounts required to be paid to Licensors pursuant to this Agreement. * Confidential treatment requested UT-B #PLA 1562 and UC-A #IPA 0749 RRS/MTF

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!