Common use of Claim of Infringement Clause in Contracts

Claim of Infringement. In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party shall promptly and at its sole expense and sole option, but subject to the limitations of liability set forth below:

Appears in 334 contracts

Samples: General Terms and Conditions, Agreement, Agreement

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Claim of Infringement. In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party shall promptly and at its sole expense and sole optionexpense, but subject to the limitations of liability set forth below:

Appears in 121 contracts

Samples: Interconnection Agreement, Agreement, Agreement

Claim of Infringement. In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party shall Party, promptly and at its sole expense and sole option, but subject to the limitations of liability set forth below, shall:

Appears in 67 contracts

Samples: General Terms and Conditions, General Terms and Conditions, MFN Agreement

Claim of Infringement. 6.3.2.1 In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party shall Party, promptly and at its sole expense and sole option, but subject to the limitations of liability set forth below, shall:

Appears in 60 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

Claim of Infringement. In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party shall promptly and at its sole expense and sole optionexpense, but subject to the limitations of liability set forth below:: (i) modify or replace the applicable facilities or equipment (including software) while maintaining its form and function, or (ii) obtain a license sufficient to allow such use to continue.

Appears in 14 contracts

Samples: Agreement, Agreement, Agreement

Claim of Infringement. 6.3.2.1 In the event that use of any facilities anyfacilities or equipment equpiment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party shall Party, promptly and at its sole expense and sole option, but subject bsuut bject to the limitations of liability set forth below, shall:

Appears in 8 contracts

Samples: MFN Agreement, psc.ky.gov, psc.ky.gov

Claim of Infringement. In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party shall promptly and at its sole expense and sole option, but subject to the limitations of liability set forth belowexpense:

Appears in 6 contracts

Samples: MFN Agreement, MFN Agreement, MFN Agreement

Claim of Infringement. In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party shall promptly and at its sole expense and sole option, but subject to the limitations of liability set forth belowexpense:

Appears in 4 contracts

Samples: Agreement, Interconnection and Resale Agreement, Agreement

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Claim of Infringement. In the event that use of any facilities or --------------------- equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party shall promptly and at its sole expense and sole optionexpense, but subject to the limitations of liability set forth below:

Appears in 2 contracts

Samples: Interconnection Agreement (Knology Inc), Agreement (Bti Telecom Corp)

Claim of Infringement. In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment judgement of the Party who owns the affected network is likely to become, the subject suject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party shall promptly and at its sole expense and sole optionexpense, but subject to the limitations of liability set forth below:.

Appears in 1 contract

Samples: Agreement (Colmena Corp)

Claim of Infringement. In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment of the Party who Version – 11/12/03 owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party shall promptly and at its sole expense and sole option, but subject to the limitations of liability set forth below:

Appears in 1 contract

Samples: General Terms and Conditions

Claim of Infringement. In the event that use of any facilities or equipment (including equipment(including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party shall promptly and at its sole expense and sole option, but subject to the limitations of liability set forth belowexpense:

Appears in 1 contract

Samples: Agreement

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