Common use of Agreement to protect Clause in Contracts

Agreement to protect. Microsoft will defend Institution against any claims made by an unaffiliated third party that any Product or Fix infringes its patent, copyright or trademark or makes intentional unlawful use of its trade secret or undisclosed information. Microsoft will also pay the amount of any resulting adverse final judgment (or settlement to which Microsoft consents). This section provides Institution’s exclusive remedy for these claims. The term “undisclosed information” is used in accordance with Article 39.2 of the TRIPs agreement.

Agreement to protect. Microsoft will defend Institution and its Affiliates against any claims made by an unaffiliated third party that any Product Product, Fix, or Fix Service Deliverable infringes its that party’s patent, copyright copyright, or trademark or makes intentional unlawful use of its trade secret or undisclosed informationTrade Secret. Microsoft will also pay the amount of any resulting adverse final judgment (or settlement to which Microsoft consents). This section provides Institution’s exclusive remedy for these claims. The term “undisclosed information” is used in accordance with Article 39.2 of the TRIPs agreement.

Agreement to protect. Microsoft will defend Institution and its Affiliates against any claims made by an unaffiliated third party that any Product or Fix infringes its patent, copyright or trademark trademark, or makes intentional unlawful use of its trade secret or undisclosed information. Microsoft will also pay the amount of any resulting adverse final judgment (or settlement to which Microsoft consents). This section provides Institution’s the exclusive remedy for these claims. The term terms “intentional unlawful use” and “undisclosed information” is are used as defined in accordance with Article 39.2 of the TRIPs agreement.