Common use of Third Party Pass-Through Clause in Contracts

Third Party Pass-Through. Licensor hereby assigns to GE any and all manufacturers’ or suppliers’ warranties, guarantees, representations, services agreements and indemnities, if any, with respect to any third party hardware and software delivered by Licensor hereunder (i) to the extent assignable by Licensor; and (ii) only if the terms of such warranties, representations, services agreements, and indemnities are more favorable to GE than Licensor’s warranties, representations, service agreements and indemnities hereunder. To the extent such warranties, guarantees, representations, services agreements and indemnities are not assignable by Licensor, Licensor agrees that GE may assert or enforce any right that GE may have to enforce such warranties, guarantees, representations, service agreements and indemnities, or if such can only be enforced by Licensor and in its own name, upon GE’s request and at GE’s sole expense, Licensor shall take all reasonable action requested by GE to enforce such warranties, guarantees, representations, service agreements and indemnities.

Appears in 6 contracts

Sources: Cots License Agreement, Hosted Application Terms and Conditions, Commercial License Agreement