Common use of Liability/responsibility Clause in Contracts

Liability/responsibility. 11.1 It is SIEMENS' responsibility to defend and resolve at SIEMENS' expense any dispute arising from a claim that the Products infringe a third party's patent to the extent that the alleged infringement is due to the use of SIEMENS Information and/or DRAMs supplied by SIEMENS and incorporated in Products manufactured by TANISYS. 11.2 Notwithstanding Section 11.1 above, it is TANISYS' responsibility to defend or otherwise resolve at TANISYS' expense any dispute arising from a claim that the Products infringe a third party's patent, due to specific components in Products manufactured by TANISYS or purchased by TANISYS from any third source or due to the manufacturing process employed by TANISYS unless directly specified by SIEMENS'. 11.3 If a third party alleges an infringement of its patent, then the party to this Agreement against which this claim is raised shall immediately inform the other party and both parties shall discuss how to handle such claim or lawsuit in the best way possible; such discussion limited to consultations only. 11.4 SIEMENS shall indemnify and hold TANISYS harmless against any claims, costs and expenses due to non-patent claims related to the Products which arise from TANISYS' use of SIEMENS SUPPLIED Information or DRAMs supplied by SIEMENS. 11.5 TANISYS shall indemnify and hold SIEMENS (and/or SIEMENS' Subsidiaries/Affiliates and/or its Customers) harmless against any claims, costs and expenses due to any other liability than SIEMENS liability as per Sections 11.1 and 11.