Patent Claims. Contractor shall assume all costs arising from the use of patented materials, equipment, devices or processes used on or incorporated in the work and shall defend, indemnify and save harmless the City with all its officers and employees, and its duly authorized representatives, from all actions of every nature for, or on account of the use of any patented materials, equipment, devices, or processes used on or incorporated in the work.
Patent Claims. (1) MS obligations for any patent Claims are limited to patent Claims where the Product (excluding Sample Code) software alone, without combination or modification, constitutes direct or contributory infringement of the patent.
Patent Claims. (a) The determination of the existence of a Patent Claim, as described in Section 3.1.3, shall be made by the Patent Committee pursuant to Section 5.2.1, provided, however, that if the Patent Committee is unable to resolve such matter within thirty (30) days (the “Patent Committee Embargo License Period”), then notwithstanding Section 5.2.3 and Article 12, the determination will be made pursuant to Section 3.1.4(b).
Patent Claims. During and after the term of the Agreement, You will not assert, nor will You authorize, assist, or encourage any third party to assert, against Us, CSV or any of either’s affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Services or CSV services You have used.
Patent Claims. Each Party (as a “Releasing Party”), on behalf of itself and its officers, directors, employees, agents, successors and assigns, hereby promise not to xxx or proceed in any manner, in agency or other proceedings, whether at law, in equity, by way of administrative hearing, or otherwise, to solicit others to institute any such actions or proceedings, or consent to be a complainant in any criminal action or proceeding, against the other Party, its Affiliates, and their respective licensees, subscribers, other customers, contractors and consultants (each a “Released Party”), alleging, asserting or otherwise claiming that a Released Party is infringing a patent held by the Releasing Party relating to any Evolent Improvement (in the case of Evolent as the Releasing Party) or UPMC Improvement (in the case of UPMC as the Releasing Party).
Patent Claims. Buyers agree that they will not initiate any infringement claim as to any patent, registered trademark or registered trade name included in the Purchased Assets against any Third Party with respect to those acts of alleged infringement of such Third Party that occurred prior to the Effective Time without the prior consent of the Seller, which consent will not be unreasonably withheld or delayed. Nothing herein shall restrict Buyers’ rights to bring any claims against any Third Party acts occurring on or after the Effective Time.
Patent Claims. If any claim, suit or action at law or in equity of any kind involving any such patent is brought against any of the Protected Parties, the Contractor may retain from any moneys due or to become due, an amount considered sufficient by the Contractor to protect itself and such other of the Protected Parties against loss including attorneys' fees and costs, until such action is settled and satisfactory evidence to that effect has been supplied to the Contractor.
Patent Claims. SBJ Holdings 1, LLC vs. Blockbuster, Inc; Sears Brands, LLC; Sears Holdings Corporations; Xxxxxxxxx.xxx, Inc.; Xxx.xxx, Inc.; Xxxxxx & Noble, Inc.; Nordstrom, Inc.; Toys “R” Us, Inc. – Federal Court Patent Litigation (Eastern District of Texas) This matter was served on February 24, 2009. The complaint alleges that Borrower and the other defendants are separately infringing on plaintiff SBJ Holding 1, LLC’s (“SBJ”) patents. SBJ alleges that its patents cover certain types of e-commerce and that Borrower’s online internet sales infringe on SBJ’s patents, but the exact nature of the alleged infringement is unclear. SBJ’s infringement allegations do not state what damages, if any, SBJ alleges it is entitled to receive if it prevails or what type of other relief to which SBJ might be entitled.
Patent Claims. In the event any [***] asserts that the manufacture, purchase, sale or distribution of Bio-PET pursuant to this Offtake Supply Agreement infringes any patent owned by such [***], the Parties shall in good faith consult with one another with respect thereto.
Patent Claims. The parties agree that, notwithstanding anything else contained in this Agreement, the Sellers shall not have any liability whatsoever to Purchaser or its affiliates (including liability for Damages, liability under Section 11.2 or otherwise) for any demand, action, claim, suit or other proceeding brought by any person at any time arising out of any infringement, misappropriation or violation of any patent by either Company unless, with respect to such patent proceeding, the Sellers have breached the representations and warranties in Section 3.5 (Legal Proceedings, Orders and Judgments) or 3.16(b) (Intellectual Property).
