Common use of Infringement of Proprietary Rights Clause in Contracts

Infringement of Proprietary Rights. a) The Seller shall indemnify and hold harmless the Buyer against any and all losses, liabilities and expenses, by reason of any third party claim, suit, action or proceeding for alleged infringement of any copyright, trademark or patent of the Buyer's Country or alleged conversion of any trade secret resulting from or arising in connection with the manufacture, installation, use or sale of the Supplies or any part thereof including any and all judgments or decrees which may be rendered against the Buyer (and reasonable attorney's fees if Seller should fail to defend as provided in subsection b) hereof, and settlements made arising out of any such claim, suit, action or proceeding provided, however that this indemnity shall not extend to any infringement resulting from a breach by the Buyer of this Agreement or of the Seller's instructions for the operation of the Supplies. The Seller shall however not be liable for any infringement or claim based upon the use of the Supplies or any portion of the documentation in combination with other equipment or technology not supplied by the Seller or resulting from any modification made by the Buyer, without approval or instruction by Seller.