Common use of Scios Clause in Contracts

Scios. Scios shall defend at its own expense any actions brought against itself or ▇▇▇▇▇▇, alleging that the manufacture, use or sale by or for Scios of Product infringes any claim of any United States or foreign patent or other proprietary right of a third party and shall pay all damages and costs finally awarded in said action; provided however, that this obligation shall arise only to the extent that such alleged infringement arises out of Scios Patents or Scios Know-How, or to the extent that such claim is based solely on the fact that the subject matter of ▇▇▇▇▇▇’▇ work is BNP, and no obligation shall arise to the extent the infringement is alleged to be the result of the use of ▇▇▇▇▇▇ Patents, ▇▇▇▇▇▇ Know-How or Improvements.

Scios. Scios shall defend at its own expense any actions brought against itself or ▇▇▇▇▇▇, alleging that the manufacture, use or sale by or for Scios of Product infringes any claim of any United States or foreign patent or other proprietary right of a third party and shall pay all damages and costs finally awarded in said action; provided however, that this obligation shall arise only to the extent that such alleged infringement arises out of Scios Patents or Scios Know-How, or to the extent that such claim is based solely on the fact that the subject matter of ▇▇▇▇▇▇’'▇ work is BNP, and no obligation shall arise to the extent the infringement is alleged to be the result of the use of ▇▇▇▇▇▇ Patents, ▇▇▇▇▇▇ Know-How or Improvements.