Common use of INDEMNITY FOR INFRINGEMENT CLAIMS Clause in Contracts

INDEMNITY FOR INFRINGEMENT CLAIMS. Without limiting the generality of section 13(a) or 13(b), Consultant expressly agrees to indemnify, defend, save and hold harmless the Agency, State of Oregon, the OTC and ODOT, and their respective officers, members and their agencies, subdivisions, officers, directors, agents, and employees from any and all claims, suits, actions, losses, liabilities, damages, costs and expenses, including attorney fees, arising out of or relating to any claims that Consultant’s services, the Work Product or any other tangible or intangible items delivered to the Agency by Consultant that may be the subject of protection under any state or federal intellectual property law or doctrine, or the Agency’s use thereof, infringes any patent, copyright, trade secret, trademark, trade dress, mask work, utility design, or other proprietary right of any third party; provided, Agency shall provide Consultant with prompt written notice of any infringement claim. Provided, however, Consultant shall not be obligated to indemnify, defend, save and hold harmless the Agency (or other entities identified above) under this section 13(c), based solely on the following: Consultant’s compliance with Agency specifications or requirements, including, but not limited to the required use of tangible or intangible items provided by Agency.

INDEMNITY FOR INFRINGEMENT CLAIMS. Without limiting the generality of section 13(a9(a) or 13(b9(b), Consultant expressly agrees to indemnify, defend, save and hold harmless the Agency, State of Oregon, the OTC Oregon Transportation Commission and ODOTits members, and their respective officers, members the Department of Transportation and their agencies, subdivisions, officers, directors, agents, and employees from any and all claims, suits, actions, losses, liabilities, damages, costs and expenses, including attorney fees, arising out of or relating to any claims that Consultant’s services, the Work Product or any other tangible or intangible items delivered to the Agency agency by Consultant that may be the subject of protection under any state or federal intellectual property law or doctrine, or the Agencyagency’s use thereof, infringes any patent, copyright, trade secret, trademark, trade dress, mask work, utility design, or other proprietary right of any third party; provided, Agency that state shall provide Consultant with prompt written notice of any infringement claim. Provided, however, Consultant shall not be obligated to indemnify, defend, save and hold harmless the Agency (or other entities identified above) state and agency under this section 13(c9(c), based solely on the following: Consultant’s compliance with Agency agency specifications or requirements, including, but not limited to the required use of tangible or intangible items provided by Agencyagency.

INDEMNITY FOR INFRINGEMENT CLAIMS. Without limiting the generality of section 13(a9(a) or 13(b9(b), Consultant expressly agrees to indemnify, defend, save and hold harmless the Agency, State of Oregon, the OTC Oregon Transportation Commission and ODOTits members, and their respective officers, members the Department of Transportation and their agencies, subdivisions, officers, directors, agents, TERMS & CONDITIONS and employees from any and all claims, suits, actions, losses, liabilities, damages, costs and expenses, including attorney fees, arising out of or relating to any claims that Consultant’s services, the Work Product or any other tangible or intangible items delivered to the Agency agency by Consultant that may be the subject of protection under any state or federal intellectual property law or doctrine, or the Agencyagency’s use thereof, infringes any patent, copyright, trade secret, trademark, trade dress, mask work, utility design, or other proprietary right of any third party; provided, Agency that state shall provide Consultant with prompt written notice of any infringement claim. Provided, however, Consultant shall not be obligated to indemnify, defend, save and hold harmless the Agency (or other entities identified above) state and agency under this section 13(c9(c), based solely on the following: Consultant’s compliance with Agency agency specifications or requirements, including, but not limited to the required use of tangible or intangible items provided by Agencyagency.

INDEMNITY FOR INFRINGEMENT CLAIMS. Without limiting the generality of section 13(a) or 13(b), Consultant expressly agrees to indemnify, defend, save and hold harmless the AgencyLCOG, State of Oregon, the OTC and ODOT, and their respective officers, members and their agencies, subdivisions, officers, directors, agents, and employees from any and all claims, suits, actions, losses, liabilities, damages, costs and expenses, including attorney fees, arising out of or relating to any claims that Consultant’s services, the Work Product or any other tangible or intangible items delivered to the Agency LCOG by Consultant that may be the subject of protection under any state or federal intellectual property law or doctrine, or the AgencyLCOG’s use thereof, infringes any patent, copyright, trade secret, trademark, trade dress, mask work, utility design, or other proprietary right of any third party; provided, Agency LCOG shall provide Consultant with prompt written notice of any infringement claim. Provided, however, Consultant shall not be obligated to indemnify, defend, save and hold harmless the Agency LCOG (or other entities identified above) under this section 13(c), based solely on the following: Consultant’s compliance with Agency LCOG specifications or requirements, including, but not limited to the required use of tangible or intangible items provided by AgencyLCOG.