Third Party Property Rights. The Supplier guarantees that no third party rights are being violated in connection with his deliveries. Where a claim is made against us by a third party, the Supplier shall indemnify us and hold us harmless against any claims on receipt of our first written demand. The Supplier’s obligation to indemnify shall relate to all expenditures arising out of or in connec- tion with any third party claims. Where a violation of third party rights occurs because of a defect, our rights specified in clause 8 above shall apply.
Third Party Property Rights. Except as otherwise expressly limited or prohibited hereunder, Tenant may enter into agreements relating to the acquisition, occupancy, easement, rights of way, or leasing of any real property relating to the construction of the Improvements or operation thereof (including the aggregation and allocation of air rights) (collectively, “Third Party Rights”), provided that no Third Party Rights shall extend beyond the Term of this Lease without the prior consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed (excepting standard one (1) year residential leases on a form (and for rent amounts) approved by Landlord in connection with any lease-up of the Property). Subject to Landlord’s agreement to be bound by the covenants regarding confidentiality contained in such Third Party Rights, Tenant shall provide all information and documentation to Landlord relating to Third Party Rights as reasonably requested by Landlord from time to time.
Third Party Property Rights. 5.1 (Exemption) PeriData Software GmbH exempts the Customer from all third-party claims against the Customer resulting from violation of property rights relating to the licensed programs in their contractual version in so far as the Customer immediately informs PeriData Software GmbH of such claims in writing.
5.2 (Elimination measures) PeriData Software GmbH is authorized to carry out necessary Software modifications at its own expense on the Customer's premises in response to third-party property right claims.
Third Party Property Rights. The Supplier is responsible for ensuring that its deliveries to Hymer LMB and the use and/or resale of the manufactured objects by Hymer LMB do not infringe patents or other property rights of third parties in Germany and abroad. The Supplier shall hold Hymer LMB harmless from third-party claims for licence fees or damages. In the event of legal disputes with third parties concerning industrial property rights, the Supplier shall assist Hymer LMB and indemnify us against costs.
Third Party Property Rights. (1) The Supplier shall ensure that no patent or other third-party property rights are violated by the Supplier’s supplies and services or their utilisation and use, neither locally nor abroad. To the extent any supplies or services provided by the Supplier violate third-party property rights, the Supplier shall indemnify us against all claims by the right holder(s) and is obliged to reimburse us for all necessary expenses in connection with this claim. The indemnification claim shall be void if the Supplier proves that the Supplier is neither responsible for the infringement nor could he have been aware of the infringement at the time of delivery or performance when exercising commercial diligence.
(2) Our further statutory claims due to defects in title in the supplies or services shall remain unaffected.
(3) Should the utilisation or use by us of any supplies or services provided by the Supplier be impaired due to existing third-party property rights, the Supplier shall either obtain the relevant approval at the Supplier’s own expense or modify or replace the affected parts of the supplies or services in a manner so that their utilisation and use will no longer be impaired by third-party property rights and they nevertheless correspond to the contractual agreements.
(4) Claims due to defects in title expire at the earliest five years after delivery or, if acceptance is to be carried out, upon acceptance.
Third Party Property Rights. 1.14.1. Provider has verified that at the time of the conclusion of the agreement the software is free of third party rights which restrict or exclude the use of the software according to the contractually stipulated scope.
1.14.2. Customer shall not remove any existing labels, proprietary right notices, or proprietary notices of Provider in the software and hardware, but shall include them in any copies made. Provider shall indemnify Customer from all claims of third parties against Customer arising from the infringement of industrial property rights in programs developed and provided by Provider in their version as stipulated in the agreement. The emergence of this liability presupposes that Customer does not make any written or oral statements to the third party about the infringement of property rights; in particular, that Customer does not acknowledge any rights or facts and does not assume any liability. In addition, Customer may not have connected the software with third-party software without the prior written consent of Provider and may not have used the software in any way contrary to its intended use.
1.14.3. Provider is entitled to carry out necessary software or hardware changes at the premises of Customer at Provider’s own expense due to the property right claims of third parties. Customer cannot derive any contractual rights from this. Customer shall inform Provider immediately and in writing if Customer is notified of an infringement of industrial property rights and copyrights through a product supplied by Provider.
Third Party Property Rights. 11.1 The supplier shall ensure that its deliveries and services are free from third party rights, notably patents, trademarks, copyright and utility models and that Wiha can use the deliveries for the contractually agreed intended uses. It shall indemnify Wiha from third-party claims due to breaches of national and international property rights and shall reimburse Wiha all costs incurred by it resulting from claims made by third parties if these are based on a culpable breach of duty by it or its vicarious agents. To the extent possible, the supplier shall acquire the rights from the property rights holders, at its own cost, which shall facilitate the contractual use by Wiha. Without agreement with the supplier, Wiha cannot make any commitments, conclude settlements or other agreements with claimants. Moreover, Wiha shall be entitled to claim against the supplier for the other statutory claims if there are legal defects.
Third Party Property Rights. 11.1. The Contractor is liable for ensuring that no third- party property rights are violated, either in Liechtenstein or abroad.
11.2. The Contractor shall indemnify and hold the Customer harmless in relation to third-party claims.
Third Party Property Rights. 12.1 ~sedna shall defend the customer against all claims derived from an infringement of an industrial property right or copyright and/or other property rights due to the use of the ~sedna product in accordance with the contract. ~sedna shall assume the costs and compensation amounts imposed on the customer by court order, provided that the customer has informed ~sedna of such claims immediately in writing, and all rights concerning defensive measures and settlement negotiations remain reserved for ~sedna.
12.2 If claims in accordance with Item 12.1 have been asserted or are to be expected against the customer, ~sedna may modify or exchange the respective ~sedna product at its own expense to an extent considered reasonable by the customer. If this is not possible or if it is not possible to obtain a right of use with reasonable effort, each party to the contract can declare withdrawal from the contract for the relevant ~sedna product, in as far as the ~sedna product infringes the property rights of third parties. In this case, ~sedna shall be liable to the customer in accordance with Item 13 for the loss resulting from the withdrawal.
12.3 ~sedna has no obligations if the claims according to Item 12.1 refer to programs or data provided by the customer or are based on the fact that the ~sedna product and the data contained therein were not used in a valid, unchanged original version delivered by ~sedna, or was used under conditions other than those given in the specifications.
Third Party Property Rights. 12.1. The licensor assures that the software products licensed by it are free from third-party property rights (including industrial property rights and copyrights) that restrict or exclude contractual use by the licensee at the contractually intended installation location.
12.2. In the event of third-party intellectual property rights existing or being asserted against the software products, the licensor is entitled to modify the software products to the extent reasonable for the licensee, ensuring no infringement of intellectual property rights, or to legally obtain the authorization in a form that allows the contract products to be used without limitations and without additional costs.
12.3. The licensor indemnifies the respective licensee from all valid claims by third parties due to the infringement of industrial property rights through the use of the contract products, along with associated reasonable costs. The licensor assumes primary liability towards those who assert an infringement of their industrial property rights. In particular, the licensor is entitled and obliged to conduct the legal defense against claims of third parties at its own expense. The licensee may support the licensor in the defense against claims asserted by third parties to a reasonable extent at the expense of the licensor. With the licensor's consent, the licensee is entitled to conduct the legal defense themselves. In this case, the licensor shall be obliged to bear any reasonable costs incurred, provided that there has been an infringement of property rights within the meaning of this clause.
12.4. The licensor shall indemnify the licensee against all claims asserted against the licensee by authors involved in the creation of the software products.
