Common use of Patent or Copyright Infringement Clause in Contracts

Patent or Copyright Infringement. The contractor shall report to the Commonwealth promptly and in reasonable written detail, each notice of claim of patent or copyright infringement based on the performance of this contract of which the contractor has knowledge. The Commonwealth agrees to notify the contractor promptly, in writing, of any such claim, suit or proceeding, and at the contractor's expense give the contractor proper and full information needed to settle and/or defend any such claim, suit or proceeding. If, in the contractor's opinion, the equipment, materials, or information mentioned in the paragraphs above is likely to or does become the subject of a claim or infringement of a United States patent or copyright, then without diminishing the contractor's obligation to satisfy any final award, the contractor may, with the Commonwealth's written consent, substitute other equally suitable equipment, materials, and information, or at the contractor's options and expense, obtain the right for the Commonwealth to continue the use of such equipment, materials, and information. The Commonwealth agrees that the contractor has the right to defend, or at its option, to settle and the contractor agrees to defend at its own expense, or at its option to settle, any claim, suit or proceeding brought against the Commonwealth on the issue of infringement of any United States patent or copyright or any product, or any part thereof, supplied by the contractor to the Commonwealth under this agreement. The contractor agrees to pay any final judgment entered against the Commonwealth on such issue in any suit or proceeding defended by the contractor. If principles of governmental or public law are involved, the Commonwealth may participate in the defense of any such action, but no costs or expenses shall be incurred for the account of the contractor without the contractor's written consent. The contractor shall have no liability for any infringement based upon:

Patent or Copyright Infringement. The contractor shall report to the Commonwealth promptly and in reasonable written detail, each notice of claim of patent or copyright infringement based on the performance of this contract Contract of which the contractor has knowledge. The Commonwealth agrees to notify the contractor promptly, in writing, of any such claim, suit or proceeding, and at the contractor's expense give the contractor proper and full information needed to settle and/or defend any such claim, suit or proceeding. If, in the contractor's opinion, the equipment, materials, or information mentioned in the paragraphs above is likely to or does become the subject of a claim or infringement of a United States patent or copyright, then without diminishing the contractor's obligation to satisfy any final award, the contractor may, with the Commonwealth's written consent, substitute other equally suitable equipment, materials, and information, or at the contractor's options and expense, obtain the right for the Commonwealth to continue the use of such equipment, materials, and information. The Commonwealth agrees that the contractor has the right to defend, or at its option, to settle and the contractor agrees to defend at its own expense, or at its option to settle, any claim, suit or proceeding brought against the Commonwealth on the issue of infringement of any United States patent or copyright or any product, or any part thereof, supplied by the contractor to the Commonwealth under this agreement. The contractor agrees to pay any final judgment entered against the Commonwealth on such issue in any suit or proceeding defended by the contractor. If principles of governmental or public law are involved, the Commonwealth may participate in the defense of any such action, but no costs or expenses shall be incurred for the account of the contractor without the contractor's written consent. The contractor shall have no liability for any infringement based upon:

Patent or Copyright Infringement. The contractor Contractor shall report to the Commonwealth promptly and in reasonable written detail, each notice of claim of patent or copyright infringement based on the performance of this contract Contract of which the contractor Contractor has knowledge. The Commonwealth agrees to notify the contractor Contractor promptly, in writing, of any such claim, suit or proceeding, and at the contractorContractor's expense give the contractor Contractor proper and full information needed to settle and/or defend any such claim, suit or proceeding. If, in the contractorContractor's opinion, the equipment, materials, or information mentioned in the paragraphs above is likely to or does become the subject of a claim or infringement of a United States patent or copyright, then without diminishing the contractorContractor's obligation to satisfy any final award, the contractor Contractor may, with the Commonwealth's written consent, substitute other equally suitable equipment, materials, and information, or at the contractorContractor's options and expense, obtain the right for the Commonwealth to continue the use of such equipment, materials, and information. The Commonwealth agrees that the contractor Contractor has the right to defend, or at its option, to settle and the contractor Contractor agrees to defend at its own expense, or at its option to settle, any claim, suit or proceeding brought against the Commonwealth on the issue of infringement of any United States patent or copyright or any product, or any part thereof, supplied by the contractor Contractor to the Commonwealth under this agreement. The contractor Contractor agrees to pay any final judgment entered against the Commonwealth on such issue in any suit or proceeding defended by the contractorContractor. If principles of governmental or public law are involved, the Commonwealth may participate in the defense of any such action, but no costs or expenses shall be incurred for the account of the contractor Contractor without the contractorContractor's written consent. The contractor Contractor shall have no liability for any infringement based upon:

Patent or Copyright Infringement. The contractor Contractor shall report to the Commonwealth promptly and in reasonable written detail, each notice of claim of patent or copyright infringement based on the performance of this contract Contract of which the contractor Contractor has knowledge. The Commonwealth agrees to notify the contractor Contractor promptly, in writing, of any such claim, suit or proceeding, and at the contractorContractor's expense give the contractor Contractor proper and full information needed to settle and/or defend any such claim, suit or proceeding. If, in the contractorContractor's opinion, the equipment, materials, or information mentioned in the paragraphs above is likely to or does become the subject of a claim or infringement of a United States patent or copyright, then without diminishing the contractorContractor's obligation to satisfy any final award, the contractor Contractor may, with the Commonwealth's written consent, substitute other equally suitable equipment, materials, and information, or at the contractorContractor's options and expense, obtain the right for the Commonwealth to continue the use of such equipment, materials, and information. The Commonwealth agrees that the contractor Contractor has the right to defend, or at its option, to settle and the contractor Contractor agrees to defend at its own expense, or at its option to settle, any claim, suit or proceeding brought against the Commonwealth on the issue of infringement of any United States patent or copyright or any product, or any part thereof, supplied by the contractor Contractor to the Commonwealth under this agreement. The contractor Contractor agrees to pay any final judgment entered against the Commonwealth on such issue in any suit or proceeding defended by the contractor. If principles of governmental or public law are involved, the Commonwealth may participate in the defense of any such action, but no costs or expenses shall be incurred for the account of the contractor Contractor without the contractor's written consent. The contractor Contractor shall have no liability for any infringement based upon:

Patent or Copyright Infringement. The contractor Contractor shall report to the Commonwealth promptly and in reasonable written detail, each notice of claim of patent or copyright infringement based on the performance of this contract Contract of which the contractor Contractor has knowledge. The Commonwealth agrees to notify the contractor Contractor promptly, in writing, of any such claim, suit or proceeding, and at the contractorContractor's expense give the contractor Contractor proper and full information needed to settle and/or defend any such claim, suit or proceeding. If, in the contractorContractor's opinion, the equipment, materials, or information mentioned in the paragraphs above is likely to or does become the subject of a claim or infringement of a United States patent or copyright, then without diminishing the contractorContractor's obligation to satisfy any final award, the contractor Contractor may, with the Commonwealth's written consent, substitute other equally suitable equipment, materials, and information, or at the contractorContractor's options and expense, obtain the right for the Commonwealth to continue the use of such equipment, materials, and information. DocuSign Envelope ID: EFF9FDB8-6B01-4D41-8B0D-67E05D712EF5 The Commonwealth agrees that the contractor Contractor has the right to defend, or at its option, to settle and the contractor Contractor agrees to defend at its own expense, or at its option to settle, any claim, suit or proceeding brought against the Commonwealth on the issue of infringement of any United States patent or copyright or any product, or any part thereof, supplied by the contractor Contractor to the Commonwealth under this agreement. The contractor Contractor agrees to pay any final judgment entered against the Commonwealth on such issue in any suit or proceeding defended by the contractorContractor. If principles of governmental or public law are involved, the Commonwealth may participate in the defense of any such action, but no costs or expenses shall be incurred for the account of the contractor Contractor without the contractorContractor's written consent. The contractor Contractor shall have no liability for any infringement based upon: