Accused Elements definition
Examples of Accused Elements in a sentence
The “Proportionate Share” payable by Contractor shall be a portion of the Covered Loss determined on an objectively fair and equitable basis to be attributable to Contractor based on the relative materiality of the role played by the applicable Accused Elements in the Combination Claim.
AT&T has no obligation to pay Contractor any charges under this Agreement for the purchase, use, or maintenance of Accused Elements when such purchase, use, or maintenance occurs after such time as the Indemnified Parties cease to use them, by reason of actual or claimed infringement.
Notwithstanding any other provision of this Agreement to the contrary, should an injunction be issued against any person (whether or not stayed or currently in effect), affecting the Indemnified Parties’ ability to use or conduct other activities with respect to the Accused Elements, then the Indemnified Parties may require GI to seek the right to continue to use, or conduct other activities with respect to, the Accused Elements.
If an Indemnifying Party is unable to provide such modified or replacement non-infringing Synacor Accused Elements (if Synacor is the Indemnifying Party) or AT&T Accused Elements (if AT&T is the Indemnifying Party) in accordance with Section 18.9, the Indemnified Party shall have the right, at its option and without prejudice to any other rights or remedies that it has in contract, law or equity [*].
AT&T has no obligation to pay Supplier any charges under this Agreement for the purchase, use, or maintenance of Accused Elements when such purchase, use, or maintenance occurs after such time as the Indemnified Parties cease to use them, by reason of actual or claimed infringement.