PATENT AND COPYRIGHT INFRINGEMENT. 7.1.1 Design-Builder shall defend any action or proceeding brought against any State Indemnitee based on any claim that the Work, or any part thereof, or the operation or use of the Work or any part thereof, constitutes infringement of any United States patent or copyright, now or hereafter issued. The State Indemnitee 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 State Indemnitees from and against all damages and costs, including but not limited to attorneys’ fees and expenses awarded against State Indemnitees or Design-Builder in any such action or proceeding. Design- Builder agrees to keep the State Indemnitees informed of all developments in the defense of such actions.
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