Common use of INDEMNITY FOR INFRINGEMENT CLAIMS Clause in Contracts

INDEMNITY FOR INFRINGEMENT CLAIMS. Without limiting the generality of Section 9.a or 9.b, Consultant expressly agrees to indemnify, defend, save and hold harmless the State of Oregon, the Oregon Transportation Commission and its 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 agency by Consultant that may be the subject of protection under any State or federal intellectual property law or doctrine, or 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, 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 State and Agency under this Section 9.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. TERMS & CONDITIONS

INDEMNITY FOR INFRINGEMENT CLAIMS. Without limiting the generality of Section 9.a section 9(a) or 9.b9(b), Consultant expressly agrees to indemnify, defend, save and hold harmless the State of Oregon, the Oregon Transportation Commission and its membersODA, 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 work product or any other tangible or intangible items delivered to agency by Consultant that may be the subject of protection under any State state or federal intellectual property law or doctrine, or 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, that State 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 State state and Agency agency under this Section 9.csection 9(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 Agency. TERMS & CONDITIONSagency.

INDEMNITY FOR INFRINGEMENT CLAIMS. Without limiting the generality of Section 9.a or 9.b, Consultant expressly agrees to indemnify, defend, save and hold harmless the State of Oregon, the Oregon Transportation Commission and its 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 agency by Consultant that may be the subject of protection under any State or federal intellectual property law or doctrine, or 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, 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 State and Agency under this Section 9.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. TERMS & CONDITIONS.

INDEMNITY FOR INFRINGEMENT CLAIMS. Without limiting the generality of Section 9.a section 9(a) or 9.b9(b), Consultant expressly agrees to indemnify, defend, save and hold harmless the State of Oregon, the Oregon Transportation Commission and its 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 agency by Consultant that may be the subject of protection under any State or federal intellectual property law or doctrine, or 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, 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 State and Agency under this Section 9.csection 9(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. TERMS & CONDITIONS.

INDEMNITY FOR INFRINGEMENT CLAIMS. Without limiting the generality of Section 9.a section 9(a) or 9.b9(b), Consultant Contractor expressly agrees to indemnify, defend, save and hold harmless the State of Oregon, the Oregon Transportation Commission and its 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 ConsultantContractor’s services, the Work Product or any other tangible or intangible items delivered to agency by Consultant Contractor that may be the subject of protection under any State state or federal intellectual property law or doctrine, or 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, that State state shall provide Consultant Contractor with prompt written notice of any infringement claim. Provided, however, Consultant Contractor shall not be obligated to indemnify, defend, save and hold harmless the State state and Agency agency under this Section 9.csection 9(c), based solely on the following: ConsultantContractor’s compliance with Agency agency specifications or requirements, including, but not limited to the required use of tangible or intangible items provided by Agency. TERMS & CONDITIONSagency.

INDEMNITY FOR INFRINGEMENT CLAIMS. Without limiting the generality of Section 9.a 14.a or 9.b14.), Consultant expressly agrees to indemnify, defend, save and hold harmless the State of Oregon, the Oregon Transportation Commission and its 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 servicesServices, the Work Product or any other tangible or intangible items delivered to agency Agency by Consultant that may be the subject of protection under any State state or federal intellectual property law or doctrine, or 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, that State 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 State state and Agency agency under this Section 9.c14.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. TERMS & CONDITIONS.

INDEMNITY FOR INFRINGEMENT CLAIMS. Without limiting the generality of Section 9.a section 14(a) or 9.b14(b), Consultant expressly agrees to indemnify, defend, save and hold harmless the State of Oregon, the Oregon Transportation Commission and its 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 agency by Consultant that may be the subject of protection under any State state or federal intellectual property law or doctrine, or 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, that State 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 State state and Agency agency under this Section 9.csection 14(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 Agency. TERMS & CONDITIONSagency.