By Radar Clause Samples
The "By Radar" clause defines the requirement for certain actions or decisions to be made based on information obtained via radar technology. In practice, this clause may specify that navigation, detection, or monitoring must rely on radar readings rather than visual observation or other instruments. This ensures that operations are conducted with a standardized and reliable method, particularly in conditions where visibility is poor or other means are insufficient, thereby enhancing safety and reducing ambiguity in compliance.
By Radar. Radar will indemnify, defend, and hold Customer harmless from and against any losses, liabilities, damages, fees, costs, and expenses (including reasonable attorneys’ fees) (collectively, “Losses”) it may incur in connection with a third-party claim to the extent arising out of any allegation that the Platform infringes any third party’s IP Rights. Radar will have no obligation for any claims arising out of: (a) misuse or modification of the Platform; (b) combination of the Platform with any components not provided by Radar; or
By Radar. If a third party claims that the Services Radar provides to you infringe or misappropriate that party's Intellectual Property Rights, Radar will defend you against that claim at its expense and pay all costs, damages and attorney's fees that a court finally awards or that are included in a settlement approved by Radar. However,
By Radar. Radar shall hold you harmless from liability to third parties resulting from actual infringement by the Services of any United States patent or any copyright or misappropriation of any trade secret, provided Radar is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement. Radar will not be responsible for any settlement it does not approve in writing. If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by Radar to be infringing, Radar may, at its option and expense (i) replace or modify the Services to be non-infringing provided that such modification or replacement contains substantially similar features and functionality; (ii) obtain for you a license to continue using the Services; or (iii) if neither of the foregoing is commercially practicable, terminate this Agreement and your rights hereunder and provide you a refund of any prepaid, unused fees for the Services.