Common use of ACTIONS BY THIRD PARTIES Clause in Contracts

ACTIONS BY THIRD PARTIES. If during the term of this Agreement one (1) or more third parties file suit in the Territory against Grantee or any of its purchasers for patent infringement due to Grantee's or any purchaser's manufacture, marketing, use, export or sale of A-55 Products in the best modes contemplated by A-55 or in modes approved by A-55, Grantee shall notify A-55 of such suit and tender defense thereof to A-55. If A-55 refuses the defense of same, Grantee may at its option elect to defend said suit. A-55 shall indemnify and hold Grantee harmless from damages assessed against Grantee in an third party infringement suit, but said indemnification shall be limited to an amount equal to the payments made to A-55 by Grantee under the terms of this Agreement.

ACTIONS BY THIRD PARTIES. If If, during the term of this Agreement one (1) or more third parties file suit in the Territory against Grantee or any of its purchasers for patent infringement due to Grantee's or any purchaser's manufacture, marketing, use, export or sale of A-55 Products in the best modes contemplated by A-55 or in modes approved by A-55A- 50, Grantee shall Xxxxxxx xxxll notify A-55 of such suit and tender defense thereof to A-55. If A-55 refuses the defense of same, Grantee may at its option elect to defend said suit. A-55 shall indemnify and hold Grantee harmless from damages assessed against Grantee in an any third party infringement suit, but said indemnification shall be limited to an amount equal to the payments made to A-55 by Grantee under the terms of this Agreement.

ACTIONS BY THIRD PARTIES. If during the term of this Agreement one (1) or more third parties file suit in the Territory against Grantee or any of its purchasers for patent infringement due to Grantee's or any purchaser's manufacture, marketing, use, export or sale of A-55 Products Fuel in the best modes contemplated by A-55 or in modes approved by A-55, Grantee shall notify A-55 of such suit and tender defense thereof to A-55. If A-55 refuses the defense of same, Grantee may at its option elect to defend said suit. A-55 shall indemnify and hold Grantee harmless from damages assessed against Grantee in an any third party infringement suit, but said indemnification shall be limited to an amount equal to the payments made to A-55 by Grantee under the terms of this Agreement.

ACTIONS BY THIRD PARTIES. If during the term of this Agreement one (1) or more third parties file suit in the Territory against Grantee or any of its purchasers for patent infringement due to Grantee's or any purchaser's manufacture, marketing, use, export or sale of A-55 Products in the best modes contemplated by A-55 or in modes approved by A-55, Grantee shall notify A-55 of such suit and tender defense thereof to A-55. If A-55 refuses the defense of same, Grantee may at its option elect to defend said suit. A-55 shall indemnify and hold Grantee harmless from damages assessed against Grantee in an any third party infringement suit, but said indemnification shall be limited to an amount equal to the payments made to A-55 by Grantee under the terms of this Agreement.