Common use of Vendor’s Obligations Clause in Contracts

Vendor’s Obligations. The Vendor's obligations under this Section 14 will not apply to any infringement or violation of Intellectual Property Rights to the extent caused by modification of the Equipment, Software, the System, any PCS System, any PCS Sub-System or any component thereof by the Owner, or any infringement caused solely by the Owner's use and maintenance of the Products other than in accordance with the Specifications and the purposes contemplated by this Contract, except as expressly authorized or permitted by the Vendor. The Owner will indemnify the Vendor against all liabilities and costs, including reasonable attorneys' fees, for defense and settlement of any and all claims against the Vendor for infringements or violations based upon this subsection 14.4.

Appears in 5 contracts

Samples: Procurement and Services Contract (Sprint Spectrum L P), Procurement and Services Contract (Sprint Spectrum L P), Procurement and Services Contract (Sprint Spectrum Finance Corp)

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Vendor’s Obligations. The Vendor's obligations under this Section 14 will 15 shall not apply to any infringement or violation of Intellectual Property Rights to the extent caused by unauthorized modification of the Equipment, Software, the SystemProducts, any PCS System, any PCS Sub-System or any component thereof by the Owner, or arises from adherence to instructions to apply Owner's trademark, trade name or other company identification to a Product, or any infringement caused solely by the Owner's use and maintenance of the Products other than in accordance with the Specifications and the purposes contemplated by this ContractSpecifications, except as expressly authorized or permitted by the Vendor. The Owner will shall indemnify the Vendor against all liabilities and costs, including reasonable attorneys' fees, for defense and settlement of any and all claims against the Vendor for infringements or violations based upon this subsection 14.4subsection.

Appears in 3 contracts

Samples: Memorandum of Agreement (Leap Wireless International Inc), System Equipment Purchase Agreement (Leap Wireless International Inc), Memorandum of Agreement (Leap Wireless International Inc)

Vendor’s Obligations. The Vendor's obligations under this Section -------------------- 14 will not apply to any infringement or violation of Intellectual Property Rights to the extent caused by modification of the Equipment, Software, the System, any PCS System, any PCS Sub-System or any component thereof by the Owner, or any infringement caused solely by the Owner's use and maintenance of the Products other than in accordance with the Specifications and the purposes contemplated by this Contract, except as expressly authorized or permitted by the Vendor. The Owner will indemnify the Vendor against all liabilities and costs, including reasonable attorneys' fees, for defense and settlement of any and all claims against the Vendor for infringements or violations based upon this subsection 14.4.

Appears in 1 contract

Samples: Procurement and Services Contract (Sprint Spectrum Finance Corp)

Vendor’s Obligations. The Vendor's obligations under this -------------------- Section 14 will 15 shall not apply to any infringement or violation of Intellectual Property Rights to the extent caused by unauthorized modification of the Equipment, Software, the SystemProducts, any PCS System, any PCS Sub-System or any component thereof by the Owner, or arises from adherence to instructions to apply Owner's trademark, trade name or other company identification to a Product, or any infringement caused solely by the Owner's use and maintenance of the Products other than in accordance with the Specifications and the purposes contemplated by this ContractSpecifications, except as expressly authorized or permitted by the Vendor. The Owner will shall indemnify the Vendor against all liabilities and costs, including reasonable attorneys' fees, for defense and settlement of any and all claims against the Vendor for infringements or violations based upon this subsection 14.4subsection.

Appears in 1 contract

Samples: System Equipment Purchase Agreement (Leap Wireless International Inc)

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Vendor’s Obligations. The Vendor's obligations under this Section 14 will 15 -------------------- shall not apply to any infringement or violation of Intellectual Property Rights to the extent caused by unauthorized modification of the Equipment, Software, the SystemProducts, any PCS System, any PCS Sub-System or any component thereof by the Owner, or arises from adherence to instructions to apply Owner's trademark, trade name or other company identification to a Product, or any infringement caused solely by the Owner's use and maintenance of the Products other than in accordance with the Specifications and the purposes contemplated by this ContractSpecifications, except as expressly authorized or permitted by the Vendor. The Owner will shall indemnify the Vendor against all liabilities and costs, including reasonable attorneys' fees, for defense and settlement of any and all claims against the Vendor for infringements or violations based upon this subsection 14.4subsection.

Appears in 1 contract

Samples: System Equipment Purchase Agreement (Leap Wireless International Inc)

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