Infringement of Patent or Copyright. To the extent allowable by law and subject to ORC 109.02, SUBGRANTEE agrees to defend any suit or proceeding brought against THE STATE, any official or employee of THE STATE acting in his or her official capacity, or the State of Ohio due to any alleged infringement of patent or copyright arising out of the performance of this Agreement, including all work, services, materials, reports, studies, and computer programs provided by SUBGRANTEE. THE STATE will provide prompt notification in writing of such suit or proceeding; full right, authorization, and opportunity to conduct the defense thereof; and full disclosure of information along with all reasonable cooperation for the defense of the suit. THE STATE may participate in the defense of any such action. SUBGRANTEE agrees to pay all damages and costs awarded against THE STATE, any official or employee of THE STATE in his or her official capacity, or the State of Ohio as a result of any suit or proceeding referred to in this Section. If any information and/or assistance are furnished by THE STATE at SUBGRANTEE’s written request, it is at SUBGRANTEE’s expense. If any of the materials, reports, or studies provided by SUBGRANTEE are found to be infringing items and the use or publication thereof is enjoined, SUBGRANTEE agrees to, at its own expense and at its option, either procure the right to publish or continue use of such infringing materials, reports, or studies; replace them with non-infringing items of equivalent value; or modify them so that they are no longer infringing. The obligations of SUBGRANTEE under this Section survive the termination of this Agreement, without limitation.
Infringement of Patent or Copyright. To the extent permitted by law, if any of the materials, reports, or studies provided by SUBGRANTEE are found to be infringing items of patent or copyright and the use or publication thereof is enjoined, SUGBGRANTEE agrees to, at its own expense and at its option, either procure the right to publish or continue use of such infringing materials, reports, or studies; replace them with non- infringing items of equivalent value; or modify them so that they are no longer infringing. The obligations of SUBGRANTEE under this section survive the termination of this Agreement, without limitation.
Infringement of Patent or Copyright. Contractor will defend, indemnify, and hold harmless the City from any and all claims, actions, lawsuits, judgments, losses, liabilities, demands of litigation, costs and expenses, based on any claim that the Product infringes a U.S. patent, trademark, copyright, or other intellectual property right. This obligation to indemnify, defend, and hold harmless does not apply to any claim, damages, liability, or litigation based on misuse or alteration of the Product, use of force by the City, its employees or agents, or any negligence, willful misconduct, or intentional tort of the City, its employees, agents, any customer, or user of the Product. This covenant is irrevocable and shall survive the term of this Agreement.
Infringement of Patent or Copyright. To the extent permitted by law, if any of the materials, reports, or studies provided by GRANTEE are found to be infringing items and the use or publication thereof is enjoined, GRANTEE agrees to, at its own expense and at its option, either procure the right to publish or continue use of such infringing materials, reports, or studies; replace them with non-infringing items of equivalent value; or modify them so that they are no longer infringing. The obligations of GRANTEE under this Section survive the termination of this Agreement, without limitation D. Liens. GRANTEE will not permit any lien or claim to be filed or prosecuted against ODM or the State of Ohio because of any labor, services, or materials furnished. If GRANTEE fails, neglects, or refuses to make prompt payment of any claims for labor, services, or materials furnished to GRANTEE in connection with this Agreement, ODM or the State of Ohio may, but is not obligated to, pay those claims and charge the amount of payment against the funds due or to become due to GRANTEE under this Agreement.
Infringement of Patent or Copyright. The Contractor agrees to save, keep, hold harmless and fully indemnify the City and any of its officers and employees from any and all damages, costs, or expenses in law or equity, that may at any time arise out of or be set up for any infringement of the patent right, copyright, or trademark of any person or persons in consequences of use by the City, or by any of its officers, or agents or employees of Contractor supplied materials and of which the Contractor is not a patentee or signee or lawfully entitled to sell the same. Contractor agrees to indemnify and hold harmless the City from any and all license, royalty and proprietary fees or costs, including legal costs, which may arise out of the City’s purchase and use of goods supplied by the Contractor. It is expressly agreed by Contractor that these covenants are irrevocable and perpetual.
Infringement of Patent or Copyright. Subject to ORC 109.02 CONTRACTOR agrees to defend any suit or proceeding brought against GOFBCI or ODJFS, any official or employee of GOFBCI or ODJFS acting in his or her official capacity, or the State of Ohio due to any alleged infringement of patent or copyright arising out of the performance of this Contract, including all work, services, materials, reports, studies, and computer programs provided by CONTRACTOR. GOFBCI and ODJFS will provide:
