Common use of LIMITED INDEMNITY Clause in Contracts

LIMITED INDEMNITY. 4.1 In the event Licensee receives a claim of infringement with respect to the Java Logo(s) in any country or jurisdiction, Sun shall at its election, and as Licensee’s sole and exclusive remedy, either: (i) release Licensee from further obligation to include the Technology Compliance Logo on Products distributed in such country or jurisdiction until such claim is satisfactorily resolved, and/or (ii) provided Licensee is not in breach of this License, defend and indemnify Licensee with respect to such claim and pay all damages awarded by a court of competent jurisdiction, or such settlement amount negotiated by Sun, attributable to such claim, provided that Licensee: (a) provides notice of the claim promptly to Sun; (b) gives Sun sole control of the defense and settlement of the claim; (c) provides to Sun, at Sun’s expense, all available information, assistance and authority to defend; and (d) has not compromised or settled such proceeding without Sun’s prior written consent.

Appears in 1 contract

Samples: Trademark License (Borland Software Corp)

AutoNDA by SimpleDocs

LIMITED INDEMNITY. 4.1 In the event Licensee receives a claim of infringement with respect to the Java Logo(s) in any country or jurisdiction, Sun shall at its election, and as Licensee’s 's sole and exclusive remedy, either: (i) release Licensee from further obligation to include the Technology Compliance Compatibility Logo on Products distributed in such country or jurisdiction until such claim is satisfactorily resolved, and/or or (ii) provided Licensee is not in breach of this License, defend and indemnify Licensee with respect to such claim and pay all damages awarded by a court of competent jurisdiction, or such settlement amount negotiated by Sun, attributable to such claim, provided that Licensee: (a) provides notice of the claim promptly to Sun; (b) gives Sun sole control of the defense and settlement of the claim; (c) provides to Sun, at Sun’s 's expense, all available information, assistance and authority to defend; and (d) has not compromised or settled such proceeding without Sun’s 's prior written consent.

Appears in 1 contract

Samples: Trademark License (Opentv Corp)

LIMITED INDEMNITY. 4.1 In the event Licensee receives a claim of infringement with respect to the Java Logo(s) in any country or jurisdiction, Sun shall at its election, and as Licensee’s sole and exclusive remedy, either: (i) release Licensee from further obligation to include the Technology Compliance Compatibility Logo on Products distributed in such country or jurisdiction until such claim is satisfactorily resolved, and/or (ii) provided Licensee is not in breach of this License, defend and indemnify Licensee with respect to such claim and pay all damages awarded by a court of competent jurisdiction, or such settlement amount negotiated by Sun, attributable to such claim, provided that Licensee: (a) provides notice of the claim promptly to Sun; (b) gives Sun sole control of the defense and settlement of the claim; (c) provides to Sun, at Sun’s expense, all available information, assistance and authority to defend; and (d) has not compromised or settled such proceeding without Sun’s prior written consent.

Appears in 1 contract

Samples: Trademark License (Borland Software Corp)

AutoNDA by SimpleDocs

LIMITED INDEMNITY. 4.1 In the event Licensee receives a claim of infringement with respect to the Java Logo(s) in any country or jurisdiction, Sun shall at its election, and as Licensee’s sole and exclusive remedy, either: (i) release Licensee from further obligation to include the Technology Compliance Compatibility Logo on Products distributed in such country or jurisdiction until such claim is satisfactorily resolved, and/or or (ii) provided Licensee is not in breach of this License, defend and indemnify Licensee with respect to such claim and pay all damages awarded by a court of competent jurisdiction, or such settlement amount negotiated by Sun, attributable to such claim, provided that Licensee: (a) provides notice of the claim promptly to Sun; (b) gives Sun sole control of the defense and settlement of the claim; (c) provides to Sun, at Sun’s expense, all available information, assistance and authority to defend; and (d) has not compromised or settled such proceeding without Sun’s prior written consent.

Appears in 1 contract

Samples: Trademark License (Borland Software Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.