Common use of Infringement Claims Clause in Contracts

Infringement Claims. XXXX will defend at its own expense any action against Licensee brought by a third party to the extent that the action is based upon a claim that the Services infringes any valid United States patents or any copyrights or misappropriates any trade secrets of a third party, and CUSI will pay those costs and damages finally awarded against Licensee in any such action that are specifically attributable to such claim or those costs and damages agreed to in a monetary settlement of such action. The foregoing obligations are conditioned on Licensee: (1) notifying CUSI promptly in writing of such action; (2) giving CUSI sole control of the defense thereof and any related settlement negotiations; and (3) cooperating and, at XXXX’s request and expense, assisting in such defense. If the Licensed Software becomes, or in CUSI’s opinion is likely to become, the subject of an infringement claim, CUSI may, at its option and expense, either:

Infringement Claims. XXXX CUSI will defend at its own expense any action against Licensee brought by a third party to the extent that the action is based upon a claim that the Services infringes any valid United States patents or any copyrights or misappropriates any trade secrets of a third party, and CUSI will pay those costs and damages finally awarded against Licensee in any such action that are specifically attributable to such claim or those costs and damages agreed to in a monetary settlement of such action. The foregoing obligations are conditioned on Licensee: (1) notifying CUSI promptly in writing of such action; (2) giving CUSI sole control of the defense thereof and any related settlement negotiations; and (3) cooperating and, at XXXXCUSI’s request and expense, assisting in such defense. If the Licensed Software becomes, or in CUSI’s opinion is likely to become, the subject of an infringement claim, CUSI may, at its option and expense, either:

Infringement Claims. XXXX will defend at its own expense any action against Licensee brought by a third party to the extent that the action is based upon a claim that the Services Licensed Software infringes any valid United States patents or any copyrights or misappropriates any trade secrets of a third party, and CUSI will pay those costs and damages finally awarded against Licensee in any such action that are specifically attributable to such claim or those costs and damages agreed to in a monetary settlement of such action. The foregoing obligations are conditioned on Licensee: (1) notifying CUSI promptly in writing of such action; (2) giving CUSI sole control of the defense thereof and any related settlement negotiations; and (3) cooperating and, at XXXX’s request and expense, assisting in such defense. If the Licensed Software becomes, or in CUSI’s opinion is likely to become, the subject of an infringement claim, CUSI may, at its option and expense, either:

Infringement Claims. XXXX CUSI will defend at its own expense any action against Licensee brought by a third party to the extent that the action is based upon a claim that the Services Licensed Software infringes any valid United States patents or any copyrights or misappropriates any trade secrets of a third party, and CUSI will pay those costs and damages finally awarded against Licensee in any such action that are specifically attributable to such claim or those costs and damages agreed to in a monetary settlement of such action. The foregoing obligations are conditioned on Licensee: (1) notifying CUSI promptly in writing of such action; (2) giving CUSI sole control of the defense thereof and any related settlement negotiations; and (3) cooperating and, at XXXXCUSI’s request and expense, assisting in such defense. If the Licensed Software becomes, or in CUSI’s opinion is likely to become, the subject of an infringement claim, CUSI may, at its option and expense, either:

Infringement Claims. XXXX will defend at its own expense any action against Licensee brought by a third party to the extent that the action is based upon a claim that the Services Licensed Software infringes any valid United States patents or any copyrights or misappropriates any trade secrets of a third party, and CUSI XXXX will pay those costs and damages finally awarded against Licensee in any such action that are specifically attributable to such claim or those costs and damages agreed to in a monetary settlement of such action. The foregoing obligations are conditioned on Licensee: (1) notifying CUSI promptly in writing of such action; (2) giving CUSI sole control of the defense thereof and any related settlement negotiations; and (3) cooperating and, at XXXX’s request and expense, assisting in such defense. If the Licensed Software becomes, or in CUSI’s opinion is likely to become, the subject of an infringement claim, CUSI may, at its option and expense, either: