Common use of PATENT, TRADEMARK AND COPYRIGHT INDEMNITY Clause in Contracts

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller shall indemnify and hold harmless Buyer from any and all damages, costs, including legal fees, losses, and liabilities resulting from a suit or proceeding from infringement of any patent, trademark or copyright by reason of the sale or use of any product sold to Buyer hereunder, and from reasonable expenses incurred by Buyer in defense of such suit or proceeding if Seller does not undertake the defense thereof; provided, that Seller is promptly notified of any such suit and, except for suits against the U.S. Government, Buyer offers Seller full and exclusive control of the defense of such suit or proceeding when products of Seller only are involved therein or the right to participate in the defense of such suit or proceeding when products other than those of Seller are also involved therein; except that, this indemnity shall not extend to infringement resulting solely from Seller’s compliance with Buyer’s specific designs, processes or formulas. In the event of an injunction or restraining order, Seller shall, at its own expense, either procure for Buyer the right to continue to sell and use the product, or replace or modify the product so that it becomes non-infringing. Seller shall also indemnify Buyer’s customers and agents for such infringement if and to the extent that Xxxxx has agreed so to indemnify them, but to no greater extent than Seller has indemnified Buyer herein and under the same conditions as set forth herein.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller Supplier shall indemnify and hold harmless Buyer NuCon from any and all damages, costs, including legal fees, losses, and liabilities resulting from a suit suit, claim, or proceeding from of alleged infringement of any patent, trademark or copyright Intellectual Property rights by reason of the sale or use of any product Item sold to Buyer NuCon hereunder, and from reasonable expenses incurred by Buyer NuCon in defense of such suit suit, claim, or proceeding if Seller Supplier does not undertake the defense thereof; provided, that Seller Supplier is promptly notified of any such suit and, except for suits against the U.S. Government, Buyer NuCon offers Seller Supplier full and exclusive control of the defense of such suit suit, claim, or proceeding when products Items of Seller Supplier only are involved therein or the right to participate in the defense of such suit suit, claim, or proceeding when products other than those of Seller Supplier are also involved therein; except that, this indemnity shall not extend to infringement resulting solely from SellerSupplier’s compliance with BuyerNuCon’s specific designs, processes or formulas. In the event of an injunction or restraining order, Seller Supplier shall, at its own expense, either procure for Buyer NuCon the right to continue to sell and use the productItem, or replace or modify the product Item so that it becomes non-infringing. Seller Supplier shall also indemnify BuyerNuCon’s customers and agents for such infringement if and to the extent that Xxxxx NuCon has agreed so to indemnify them, but to no greater extent than Seller Supplier has indemnified Buyer NuCon herein and under the same conditions as set forth herein.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller shall indemnify and hold harmless Buyer from any and all damages, costs, including legal fees, fees losses, and liabilities resulting from a suit suit, claim, or proceeding from of alleged infringement of any patent, trademark or copyright intellectual Property rights by reason of the sale or use of any product item sold to Buyer hereunder, and from reasonable expenses incurred by Buyer in defense of such suit suit, claim, or proceeding if Seller does not undertake the defense thereof; provided, that Seller is promptly notified of any such suit and, except for suits against the U.S. Government, Buyer offers Seller full and exclusive control of the defense of such suit suit, claim, or proceeding when products items of Seller only are involved therein or the right to participate in the defense of such suit suit, claim, or proceeding when products other than those of Seller are also involved therein; except that, this indemnity shall not extend to infringement resulting solely from Seller’s compliance with Buyer’s specific designs, processes or formulas. In the event of an injunction or injection restraining order, Seller shall, at its own expense, either procure for Buyer the right to continue to sell and use the productitem, or replace or modify the product item so that it becomes non-infringing. Seller shall also indemnify Buyer’s customers and agents for such infringement if and to the extent that Xxxxx Buyer has agreed so to indemnify them, but to no greater extent than Seller has indemnified Buyer herein therein and under the same conditions as set forth herein.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller shall indemnify and hold harmless Buyer from any and all damages, costs, including legal fees, losses, and liabilities resulting from a suit or proceeding from infringement of any patent, trademark or copyright by reason of the sale or use of any product sold to Buyer hereunder, and from reasonable expenses incurred by Buyer in defense of such suit or proceeding if Seller does not undertake the defense thereof; provided, that Seller is promptly notified of any such suit and, except for suits against the U.S. Government, Buyer offers Seller full and exclusive control of the defense of such suit or proceeding when products of Seller only are involved therein or the right to participate in the defense of such suit or proceeding when products other than those of Seller are also involved therein; except that, this indemnity shall not extend to infringement resulting solely from Seller’s compliance with Buyer’s specific designs, processes or formulas. In the event of an injunction or restraining order, Seller shall, at its own expense, either procure for Buyer the right to continue to sell and use the product, or replace or modify the product so that it becomes non-infringing. Seller shall also indemnify Buyer’s customers and agents for such infringement if and to the extent that Xxxxx Buyer has agreed so to indemnify them, but to no greater extent than extend that Seller has indemnified Buyer herein and under the same conditions as set forth herein.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller shall indemnify indemnifies and hold holds harmless Buyer from any and all damages, costs, including legal fees, losses, and liabilities resulting from a suit or proceeding from infringement of any patent, trademark or copyright by reason of the sale or use of any product item sold to Buyer hereunder, and from reasonable expenses incurred by Buyer in defense of such suit or proceeding if to the extent Seller does not undertake the defense thereof; provided, that Seller is promptly notified of any such suit and, except for suits against the U.S. Government, and Buyer offers Seller full and exclusive control of the defense of such suit or proceeding when products of Seller only are involved therein or the right to participate in the defense of such suit or proceeding when products other than those of Seller are also involved therein; except that, that this indemnity shall not extend to infringement resulting solely from Seller’s compliance with Buyer’s specific designsdetailed design drawings, processes or formulas. In the event of an injunction or restraining order, Seller shallwill, at its own expense, either procure for Buyer the right to continue to sell and use the productitem, or replace or modify the product item so that it becomes non-infringing. Seller shall will also indemnify Buyer’s customers and agents for such infringement if and to the extent that Xxxxx Buyer has agreed so to indemnify them, but to no greater extent than Seller has indemnified Buyer herein and under the same conditions as set forth herein.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller shall indemnify and hold harmless Buyer from any and all damages, costs, including legal fees, losses, and liabilities resulting from a suit suit, claim, or proceeding from of alleged infringement of any patent, trademark or copyright Intellectual Property rights by reason of the sale or use of any product Item sold to Buyer hereunder, and from reasonable expenses incurred by Buyer in defense of such suit suit, claim, or proceeding if Seller does not undertake the defense thereof; provided, that Seller is promptly notified of any such suit and, except for suits against the U.S. Government, Buyer offers Seller full and exclusive control of the defense of such suit suit, claim, or proceeding when products Items of Seller only are involved therein or the right to participate in the defense of such suit suit, claim, or proceeding when products other than those of Seller are also involved therein; except that, this indemnity shall not extend to infringement resulting solely from Seller’s compliance with Buyer’s specific designs, processes or formulas. In the event of an injunction or restraining order, Seller shall, at its own expense, either procure for Buyer the right to continue to sell and use the productItem, or replace or modify the product Item so that it becomes non-infringing. Seller shall also indemnify Buyer’s customers and agents for such infringement if and to the extent that Xxxxx has agreed so to indemnify them, but to no greater extent than Seller has indemnified Buyer herein and under the same conditions as set forth herein.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller shall indemnify and hold harmless Buyer from any and all damages, costs, including legal fees, losses, and liabilities resulting from a suit suit, claim, or proceeding from of alleged infringement of any patent, trademark or copyright Intellectual Property rights by reason of the sale or use of any product Item sold to Buyer hereunder, and from reasonable expenses incurred by Buyer in defense of such suit suit, claim, or proceeding if Seller does not undertake the defense thereof; provided, that Seller is promptly notified of any such suit and, except for suits against the U.S. Government, Buyer offers Seller full and exclusive control of the defense of such suit suit, claim, or proceeding when products Items of Seller only are involved therein or the right to participate in the defense of such suit suit, claim, or proceeding when products other than those of Seller are also involved therein; except that, this indemnity shall not extend to infringement resulting solely from Seller’s compliance with Buyer’s specific designs, processes or formulas. In the event of an injunction or restraining order, Seller shall, at its own expense, either procure for Buyer the right to continue to sell and use the productItem, or replace or modify the product Item so that it becomes non-non- infringing. Seller shall also indemnify Buyer’s customers and agents for such infringement if and to the extent that Xxxxx has agreed so to indemnify them, but to no greater extent than Seller has indemnified Buyer herein and under the same conditions as set forth herein.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller shall indemnify indemnifies and hold holds harmless Buyer from any and all damages, costs, including legal fees, losses, and liabilities resulting from a suit or proceeding from infringement of any patent, trademark or copyright by reason of the sale or use of any product item sold to Buyer hereunder, and from reasonable expenses incurred by Buyer in defense of such suit or proceeding if to the extent Seller does not undertake the defense thereof; provided, that Seller is promptly notified of any such suit and, except for suits against the U.S. Government, and Buyer offers Seller full and exclusive control of the defense of such suit or proceeding when products of Seller only are involved therein or the right to participate in the defense of such suit or proceeding when products other than those of Seller are also involved therein; except that, that this indemnity shall not extend to infringement resulting solely from Seller’s compliance with BuyerXxxxx’s specific designsdetailed design drawings, processes or formulas. In the event of an injunction or restraining order, Seller shallwill, at its own expense, either procure for Buyer the right to continue to sell and use the productitem, or replace or modify the product item so that it becomes non-infringing. Seller shall will also indemnify Buyer’s customers and agents for such infringement if and to the extent that Xxxxx has agreed so to indemnify them, but to no greater extent than Seller has indemnified Buyer herein and under the same conditions as set forth herein.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller shall indemnify and hold harmless Buyer from any and all damages, costs, including legal fees, losses, and liabilities resulting from a suit suit, claim, or proceeding from of alleged infringement of any patent, trademark or copyright Intellectual Property rights by reason of the sale or use of any product Item sold to Buyer hereunder, and from reasonable expenses incurred by Buyer in defense of such suit suit, claim, or proceeding if Seller does not undertake the defense thereof; provided, that Seller is promptly notified of any such suit and, except for suits against the U.S. Government, Buyer offers Seller full and exclusive control of the defense of such suit suit, claim, or proceeding when products Items of Seller only are involved therein or the right to participate in the defense of such suit suit, claim, or proceeding when products other than those of Seller are also involved therein; except that, this indemnity shall not extend to infringement resulting solely from Seller’s compliance with Buyer’s specific designs, processes or formulas. In the event of an injunction or restraining order, Seller shall, at its own expense, either procure for Buyer the right to continue to sell and use the productItem, or replace or modify the product Item so that it becomes non-non- infringing. Seller shall also indemnify Buyer’s customers and agents for such infringement if and to the extent that Xxxxx Buyer has agreed so to indemnify them, but to no greater extent than Seller has indemnified Buyer herein and under the same conditions as set forth herein.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller shall indemnify and hold harmless Buyer from any and all damages, costs, including legal fees, losses, and liabilities resulting from a suit or proceeding from infringement of any patent, trademark or copyright by reason of the sale or use of any product sold to Buyer hereunder, and from reasonable expenses incurred by Buyer in defense of such suit or proceeding if Seller does not undertake the defense thereof; provided, that Seller is promptly notified of any such suit and, except for suits against the U.S. Government, Buyer offers Seller full and exclusive control of the defense of such suit or proceeding when products of Seller only are involved therein or the right to participate in the defense of such suit or proceeding when products other than those of Seller are also involved therein; except that, this indemnity shall not extend to infringement resulting solely from Seller’s compliance with Buyer’s specific designs, processes or formulas. In the event of an injunction or restraining order, Seller shall, at its own expense, either procure for Buyer the right to continue to sell and use the product, or replace or modify the product so that it becomes non-infringing. Seller shall also indemnify Buyer’s customers and agents for such infringement if and to the extent that Xxxxx Buyer has agreed so to indemnify them, but to no greater extent than Seller has indemnified Buyer herein and under the same conditions as set forth herein.

PATENT, TRADEMARK AND COPYRIGHT INDEMNITY. Seller shall indemnify and hold harmless Buyer from any and all damages, costs, including legal fees, losses, and liabilities resulting from a suit suit, claim, or proceeding from of alleged infringement of any patent, trademark or copyright Intellectual Property rights by reason of the sale or use of any product Item sold to Buyer hereunder, and from reasonable expenses incurred by Buyer in defense of such suit suit, claim, or proceeding if Seller does not undertake the defense thereof; provided, that Seller is promptly notified of any such suit and, except for suits against the U.S. Government, Buyer offers Seller full and exclusive control of the defense of such suit suit, claim, or proceeding when products Items of Seller only are involved therein or the right to participate in the defense of such suit suit, claim, or proceeding when products other than those of Seller are also involved therein; except that, this indemnity shall not extend to infringement resulting solely from Seller’s compliance with Buyer’s specific designs, processes or formulas. In the event of an injunction or restraining order, Seller shall, at its own expense, either procure for Buyer the right to continue to sell and use the productItem, or replace or modify the product Item so that it becomes non-infringing. Seller shall also indemnify Buyer’s customers and agents for such infringement if and to the extent that Xxxxx Buyer has agreed so to indemnify them, but to no greater extent than Seller has indemnified Buyer herein and under the same conditions as set forth herein.