Patented Articles. The CONTRACTOR shall defend, indemnify, and hold harmless the STATE, and its officers, employees, and agents from and against all liability, loss, damage, cost, and expense, including all attorneys fees, and all claims, suits, and demands arising out of or resulting from any claims, demands, or actions by the patent holder for infringement or other improper or unauthorized use of any patented article, patented process, or patented appliance in connection with this Contract. The CONTRACTOR shall be solely responsible for correcting or curing to the satisfaction of the STATE any such infringement or improper or unauthorized use, including, without limitation: (a) furnishing at no cost to the STATE a substitute article, process, or appliance acceptable to the STATE, (b) paying royalties or other required payments to the patent holder, (c) obtaining proper authorizations or releases from the patent holder, and (d) furnishing such security to or making such arrangements with the patent holder as may be necessary to correct or cure any such infringement or improper or unauthorized use.
Patented Articles. The Contractor shall deliver the Goods free from the claim of any third party for any form of intellectual property infringement. The execution of this Contract is deemed to be a warranty by the Contractor that it has inspected the specifications and has determined that no such claim will result from compliance with the specifications. The Contractor shall defend, indemnify and hold the Corporation harmless against any such claim regardless of whether or not the infringement arises out of compliance with the specifications. The Corporation may retain any funds due or to become due to the Contractor sufficient to meet all claims arising from such infringements.
