Common use of PATENT AND COPYRIGHT INFRINGEMENT Clause in Contracts

PATENT AND COPYRIGHT INFRINGEMENT. 14.5.1 Design-Builder shall indemnify, hold harmless and defend Owner Indemnified Parties from and against any and all Damages based on any claim that the Work, the Work Product, or any part thereof, or the operation or use of the Work or any part thereof, constitutes infringement of any United States or foreign patent, copyright or other intellectual property, now or hereafter issued. Owner shall give prompt written notice to Design-Builder of any such action or proceeding and will reasonably provide authority, information and assistance in the defense of same. Design-Builder shall indemnify and hold harmless Owner Indemnified Parties from and against all damages and costs, including but not limited to, attorneys’ fees and expenses awarded against Owner or Design-Builder in any such action or proceeding.

Appears in 7 contracts

Samples: License Agreement (Advanced BioEnergy, LLC), License Agreement (Advanced BioEnergy, LLC), Lump Sum Design Build Contract (Advanced BioEnergy, LLC)

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PATENT AND COPYRIGHT INFRINGEMENT. 14.5.1 Design-Builder shall indemnify, hold harmless and defend Owner Indemnified Parties from and against any and all Damages based on any claim that the Work, the Work Product, or any part thereof, or the operation or use of the Work or any part thereof, constitutes infringement of any United States or foreign patent, copyright or other intellectual property, now or hereafter issued. Owner shall give prompt written notice to Design-Builder of any such action or proceeding and will reasonably provide authority, information and assistance in the defense of same. Design-Builder shall indemnify and hold harmless Owner Indemnified Parties from and against all damages and costs, including but not limited to, attorneys’ attorney’s fees and expenses awarded against Owner or Design-Builder in any such action or proceeding.

Appears in 2 contracts

Samples: License Agreement (Homeland Energy Solutions LLC), License Agreement (Cardinal Ethanol LLC)

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