Common use of PATENTS AND ROYALTIES Clause in Contracts

PATENTS AND ROYALTIES. 43.1 The CONTRACTOR, if licensed under any patent covering equipment, machinery, materials or compositions of matter to be used or supplied or methods and process to be practised or employed in the performance of this CONTRACT, agrees to pay all royalties and licence fees which may be due with respect thereto. If any equipment, machinery, materials, composition of matters, be used or supplied or methods and processes to be practised or employed in the performance of this CONTRACT,is covered by a patent under which the CONTRACTOR is not licensed then the CONTRACTOR before supplying or using the equipment, machinery materials, composition method or processes shall obtain such licences and pay such royalties and licence fees as may be necessary for performance of this CONTRACT. In the event the CONTRACTOR fails to pay any such royalty or obtain any such licence, any suit for infringement of such patents which is brought against the CONTRACTOR or the EMPLOYER as a result such failure will be defended by the CONTRACTOR at his own expense and the CONTRACTOR will pay any damages and costs awarded in such suit. The CONTRACTOR shall promptly notify the EMPLOYER if the CONTRACTOR has acquired the knowledge of any plant under which a suit for infringement could be reasonably brought because of the use by the EMPLOYER of any equipment, machinery, materials, process, methods to be supplied hereunder. The CONTRACTOR agrees to and does hereby grant to EMPLOYER, together with the right to extend the same to any of the subsidiaries of the EMPLOYER as irrevocable, royalty free licence to use in any country, any invention made by the CONTRACTOR or his employee in or as result of the performance of the WORK under the CONTRACT.

Appears in 7 contracts

Samples: Proforma for Contract Agreement, Proforma for Contract Agreement, Proforma for Contract Agreement

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PATENTS AND ROYALTIES. 43.1 3.28.1 The CONTRACTORContractor, if licensed under any and patent covering equipment, machinery, materials or compositions of matter to be used or supplied or methods and process to be practised practiced or employed in the performance of this CONTRACTthe Contract, agrees to pay all royalties and licence license fees which may be due with respect thereto. If any equipment, machinery, materials, materials or composition of matters, to be used or supplied or methods and processes processed to be practised practiced or employed in the performance of this CONTRACT,the Contract is covered by a patent under which the CONTRACTOR Contractor is not licensed then the CONTRACTOR Contractor before supplying or using the equipment, machinery materials, composition method or processes shall obtain such licences licenses and pay such royalties and licence license fees as may be necessary for performance performances of this CONTRACTthe Contract. In the event the CONTRACTOR Contractor fails to pay any such royalty or obtain any such licencelicense, any suit for infringement of such patents which is brought against the CONTRACTOR contractors or the EMPLOYER Owner as a result of such failure will be defended by the CONTRACTOR Contractor at his its own expense and the CONTRACTOR Contractor will pay any damages and costs awarded in such suit. The CONTRACTOR Contractor shall promptly notify the EMPLOYER Owner if the CONTRACTOR Contractor has acquired the knowledge of any plant under which a suit for infringement could be reasonably brought because of the use by the EMPLOYER Owner of any equipment, machinery, materials, process, methods to be the supplied hereunder. The CONTRACTOR Contractor agrees to and does hereby grant to EMPLOYEROwner, together with the right to extend the same to any of the subsidiaries of the EMPLOYER Owner as irrevocable, royalty royalty-free licence license to use in any country, any and invention made by the CONTRACTOR Contractor or his its employee in or as a result of the performance of the WORK work under the CONTRACTContract.

Appears in 1 contract

Samples: www.bharatpetroleum.co.in

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