Common use of Third Party Litigation Clause in Contracts

Third Party Litigation. In the event a third party institutes a suit against COMPANY for patent infringement involving a Licensed Product, COMPANY will promptly inform MAYO and keep MAYO regularly informed of the proceedings. COMPANY agrees to indemnify, defend and hold harmless MAYO for any claims, demands or law suits related thereto.

Third Party Litigation. In the event a third party institutes a suit against COMPANY for patent infringement involving a Licensed COMPANY Product, COMPANY will promptly inform MAYO and keep MAYO regularly informed of the proceedings. In the event the third party sues or joins MAYO, COMPANY agrees will defend MAYO pursuant to indemnifythe indemnification obligation in Section 5.04. Any recovery, defend and hold harmless MAYO for any claimsafter reimbursement of COMPANY’s costs, demands or law suits related theretoincluding its obligations under Section 5.04, will be shared equally by the parties.