Common use of Intellectual Property Protection Clause in Contracts

Intellectual Property Protection. NEC will, at its own expense, defend or at its option settle, any claim brought against You by a third party on the issue of infringement of any copyright, patent, or trademark of that third party, in each case by the “NEC Technology,” as defined below in this Section 10; provided that You provide NEC with (a) prompt written notice of such claim; (b) control over the defense and settlement of such claim; and (c) proper and full information and assistance to settle and/or defend any such claim. In the event of any claim for which NEC may be obligated to defend or settle in accordance with this Section 10, NEC may at its sole option and expense, either: (i) procure the right to use the NEC Technology as provided herein; (ii) replace the NEC Technology with other non-infringing products with equivalent functionality; (iii) suitably modify the NEC Technology so that it does not infringe; or (iv) terminate this Agreement. NEC assumes no liability for infringement claims arising from: (1) any combination of the NEC Technology with products or technology not provided by NEC, if the infringement would not have occurred if the NEC Technology had not been so combined; (2) any modification of the NEC Technology, in whole or in part, by anyone other than NEC, if the infringement would not have occurred but for such modification;

Intellectual Property Protection. NEC [Reseller] will, at its own expense, defend or at its option settle, any claim brought against You by a third party on the issue of infringement of any copyright, patent, or trademark of that third party, in each case by the “NEC Technology,” as defined below in this Section 10; provided that You provide NEC [Reseller] with (a) prompt written notice of such claim; (b) control over the defense and settlement of such claim; and (c) proper and full information and assistance to settle and/or defend any such claim. In the event of any claim for which NEC [Reseller] may be obligated to defend or settle in accordance with this Section 10, NEC [Reseller] may at its sole option and expense, either: (i) procure the right to use the NEC Technology as provided herein; (ii) replace the NEC Technology with other non-infringing products with equivalent functionality; (iii) suitably modify the NEC Technology so that it does not infringe; or (iv) terminate this Agreement. NEC [Reseller] assumes no liability for infringement claims arising from: (1) any combination of the NEC Technology with products or technology not provided by NEC[Reseller], if the infringement would not have occurred if the NEC Technology had not been so combined; (2) any modification of the NEC [Technology, in whole or in part, by anyone other than NEC, if the infringement would not have occurred but for such modification;NEC or any subsequent (re-

Intellectual Property Protection. NEC Techtivity will, at its own expense, defend or at its option settle, any claim brought against You by a third party on the issue of infringement of any copyright, patent, or trademark of that third party, in each case by the “NEC Techtivity Technology,” as defined below in this Section 10; provided that You provide NEC Techtivity with (a) prompt written notice of such claim; (b) control over the defense and settlement of such claim; and (c) proper and full information and assistance to settle and/or defend any such claim. In the event of any claim for which NEC Techtivity may be obligated to defend or settle in accordance with this Section 10, NEC Techtivity may at its sole option and expense, either: (i) procure the right to use the NEC Techtivity Technology as provided herein; , (ii) replace the NEC Techtivity Technology with other non-infringing products with equivalent functionality; (iii) suitably modify the NEC Techtivity Technology so that it does not infringe; , or (iv) terminate this Agreement. NEC Techtivity assumes no liability for infringement claims arising from: (1) any combination of the NEC Techtivity Technology with products or technology not provided by NECTechtivity, if the infringement would not have occurred if the NEC Techtivity Technology had not been so combined; (2) any modification of the NEC Technology, in whole or in part, by anyone other than NEC, if the infringement would not have occurred but for such modification;

Intellectual Property Protection. NEC [Reseller] will, at its own expense, defend or at its option settle, any claim brought against You by a third party on the issue of infringement of any copyright, patent, or trademark of that third party, in each case by the “NEC Technology,” as defined below in this Section 10; provided that You provide NEC [Reseller] with (a) prompt written notice of such claim; (b) control over the defense and settlement of such claim; and (c) proper and full information and assistance to settle and/or defend any such claim. In the event of any claim for which NEC [Reseller] may be obligated to defend or settle in accordance with this Section 10, NEC [Reseller] may at its sole option and expense, either: (i) procure the right to use the NEC Technology as provided herein; (ii) replace the NEC Technology with other non-infringing products with equivalent functionality; (iii) suitably modify the NEC Technology so that it does not infringe; or (iv) terminate this Agreement. NEC [Reseller] assumes no liability for infringement claims arising from: (1) any combination of the NEC Technology with products or technology not provided by NEC[Reseller], if the infringement would not have occurred if the NEC Technology had not been so combined; (2) any modification of the NEC [Technology, in whole or in part, by anyone other than NECNEC or any subsequent (re-)seller, including [Reseller], if the infringement would not have occurred but for such modification;; (3) use by You of any Technology after [Reseller] notifies You that continued use may subject You to such claim of infringement, provided that [Reseller] provides You with a replacement release of the Technology; (4) any proprietary or intellectual property rights not expressly identified in this Section 10; or (5) any non-United States proprietary or intellectual property rights. “

Intellectual Property Protection. NEC Constructure will, at its own expense, defend or at its option settle, any claim brought against You by a third party on the issue of infringement of any copyright, patent, or trademark of that third party, in each case by the “NEC Constructure Technology,” as defined below in this Section 10; provided that You provide NEC Constructure with (a) prompt written notice of such claim; (b) control over the defense and settlement of such claim; and (c) proper and full information and assistance to settle and/or defend any such claim. In the event of any claim for which NEC Constructure may be obligated to defend or settle in accordance with this Section 10, NEC Constructure may at its sole option and expense, either: (i) procure the right to use the NEC Constructure Technology as provided herein; , (ii) replace the NEC Constructure Technology with other non-infringing products with equivalent functionality; (iii) suitably modify the NEC Constructure Technology so that it does not infringe; , or (iv) terminate this Agreement. NEC Constructure assumes no liability for infringement claims arising from: (1) any combination of the NEC Constructure Technology with products or technology not provided by NECConstructure, if the infringement would not have occurred if the NEC Constructure Technology had not been so combined; (2) any modification of the NEC Constructure Technology, in whole or in part, by anyone other than NECtha Constructure, if the infringement would not have occurred but for such modification;

Intellectual Property Protection. NEC Intermedia will, at its own expense, defend or at its option settle, any claim brought against You by a third party on the issue of infringement of any copyright, patent, or trademark of that third party, in each case by the “NEC Intermedia Technology,” as defined below in this Section 10; provided that You provide NEC Intermedia with (a) prompt written notice of such claim; (b) control over the defense and settlement of such claim; and (c) proper and full information and assistance to settle and/or defend any such claim. In the event of any claim for which NEC Intermedia may be obligated to defend or settle in accordance with this Section 10, NEC Intermedia may at its sole option and expense, either: (i) procure the right to use the NEC Intermedia Technology as provided herein; (ii) replace the NEC Intermedia Technology with other non-infringing products with equivalent functionality; (iii) suitably modify the NEC Intermedia Technology so that it does not infringe; or (iv) terminate this Agreement. NEC Intermedia assumes no liability for infringement claims arising from: (1) any combination of the NEC Intermedia Technology with products or technology not provided by NECIntermedia, if the infringement would not have occurred if the NEC Intermedia Technology had not been so combined; (2) any modification of the NEC Technology, in whole or in part, by anyone other than NEC, if the infringement would not have occurred but for such modification;Intermedia

Intellectual Property Protection. NEC will, at its own expense, defend or at its option settle, any claim brought against You by a third party on the issue of infringement of any copyright, patent, or trademark of that third party, in each case by the “NEC Technology,” as defined below in this Section 10; provided that You provide NEC with (a) prompt written notice of such claim; (b) control over the defense and settlement of such claim; and (c) proper and full information and assistance to settle and/or defend any such claim. In the event of any claim for which NEC may be obligated to defend or settle in accordance with this Section 10, NEC may at its sole option and expense, either: (i) procure the right to use the NEC Technology as provided herein; (ii) replace the NEC Technology with other non-infringing products with equivalent functionality; (iii) suitably modify the NEC Technology so that it does not infringe; or (iv) terminate this Agreement. NEC assumes no liability for infringement claims arising from: (1) any combination of the NEC Technology with products or technology not provided by NEC, if the infringement would not have occurred if the NEC Technology had not been so combined; (2) any modification of the NEC Technology, in whole or in part, by anyone other than NEC, if the infringement would not have occurred but for such modification;; (3) use by You of any NEC

Intellectual Property Protection. NEC KDDIA will, at its own expense, defend or at its option settle, any claim brought against You by a third party on the issue of infringement of any copyright, patent, or trademark of that third party, in each case by the “NEC KDDIA Technology,” as defined below in this Section 10; provided that You provide NEC KDDIA with (a) prompt written notice of such claim; (b) control over the defense and settlement of such claim; and (c) proper and full information and assistance to settle and/or defend any such claim. In the event of any claim for which NEC KDDIA may be obligated to defend or settle in accordance with this Section 10, NEC KDDIA may at its sole option and expense, either: (i) procure the right to use the NEC KDDIA Technology as provided herein; (ii) replace the NEC KDDIA Technology with other non-infringing products with equivalent functionality; (iii) suitably modify the NEC KDDIA Technology so that it does not infringe; or (iv) terminate this Agreement. NEC KDDIA assumes no liability for infringement claims arising from: (1) any combination of the NEC KDDIA Technology with products or technology not provided by NECKDDIA, if the infringement would not have occurred if the NEC KDDIA Technology had not been so combined; (2) any modification of the NEC KDDIA Technology, in whole or in part, by anyone other than NECKDDIA, if the infringement would not have occurred but for such modification;have

Intellectual Property Protection. NEC Intermedia will, at its own expense, defend or at its option settle, any claim brought against You by a third party on the issue of infringement of any copyright, patent, or trademark of that third party, in each case by the “NEC Intermedia Technology,” as defined below in this Section 10; provided that You provide NEC Intermedia with (a) prompt written notice of such claim; (b) control over the defense and settlement of such claim; and (c) proper and full information and assistance to settle and/or defend any such claim. In the event of any claim for which NEC Intermedia may be obligated to defend or settle in accordance with this Section 10, NEC Intermedia may at its sole option and expense, either: (i) procure the right to use the NEC Intermedia Technology as provided herein; , (ii) replace the NEC Intermedia Technology with other non-non- infringing products with equivalent functionality; (iii) suitably modify the NEC Intermedia Technology so that it does not infringe; , or (iv) terminate this Agreement. NEC Intermedia assumes no liability for infringement claims arising from: (1) any combination of the NEC Intermedia Technology with products or technology not provided by NECIntermedia, if the infringement would not have occurred if the NEC Intermedia Technology had not been so combined; (2) any modification of the NEC Technology, in whole or in part, by anyone other than NEC, if the infringement would not have occurred but for such modification;