INTELLECTUAL PROPERTY RIGHT INFRINGEMENT. 10.4 In the event of an IP Claim by a third party, Supplier shall, as soon as possible and at its own expense: (i) modify or replace the infringing item with non-infringing substitutes so as to avoid the infringement of the third party’s IP Rights; and/or (ii) procure for UBS and its Affiliates the right to continue using the Software provided that there is no adverse effect on (including any reduction in the scope of use of) the Software.
INTELLECTUAL PROPERTY RIGHT INFRINGEMENT. 19.1 Seller shall defend Nortel (including their directors, officers, employees and agents) against any and all proved and unproved claims brought by unrelated third parties against Nortel and shall hold Nortel and Subsidiaries harmless from and pay any corresponding damages, liabilities, costs and expenses (including reasonable attorney's fees) arising out of any proved or unproved claim that the use, sale and/or distribution of a Product delivered hereunder infringes any third-party patent, copyright, trademark, trade secret or other intellectual property right ("herein "Infringement Claim") provided that Nortel gives Seller prompt notice of, and authority to defend or settle, any such Infringement Claim and gives, at Seller's expense, reasonable information and assistance. Seller will notify Nortel if Seller is subject to any enquiry, allegation, claim or lawsuit in respect of patent, copyright, trade secret or other intellectual property right infringement regarding any Product delivered hereunder or any part thereof.
INTELLECTUAL PROPERTY RIGHT INFRINGEMENT. 14.1. BT hereby agrees to indemnify the Customer against all fees, losses and damages incurred by the Customer arising from all and any claims that use of the Service has infringed the intellectual property rights of a third party provided that the Customer:
INTELLECTUAL PROPERTY RIGHT INFRINGEMENT. In the event that a claim alleging infringement of an intellectual property right arises concerning the SOFTWARE (including but not limited to patent, trade secret, copyright or trademark rights), Synplicity in its sole discretion may elect to defend or settle such claim. Synplicity in the event of such a claim may also in its sole discretion elect to terminate this Agreement and all rights to use the SOFTWARE, and require the return or destruction of the SOFTWARE, with a refund of the fees paid for use of the SOFTWARE less a reasonable allowance for use and shipping.
INTELLECTUAL PROPERTY RIGHT INFRINGEMENT. 1. If Client is warned or receives a claim by a third party that the Software in its original form infringes any third party’s patent, trade xxxx, copyright or other intellectual property rights (”Claim”), Client shall promptly notify Yokogawa thereof in writing.
INTELLECTUAL PROPERTY RIGHT INFRINGEMENT. 11.1 Defense and Indemnification. CrowdSense will fully defend Customer and Customer’s officers, directors, employees, agents, permitted successors and assigns from or settle any claim, proceeding, or suit (“Claim”) brought by a third party against Customer alleging that Customer’s use of the Services infringes or misappropriates any Dutch Intellectual Property Rights of any third party, and indemnify Customer from all damages, costs, and attorneys’ fees finally awarded in any such Claim or paid to any third party to settle any such Claim, except as provided in Article 13. CrowdSense’s obligation under this Article is contingent on:
INTELLECTUAL PROPERTY RIGHT INFRINGEMENT. 13.1 XxxxXxxxXxxxxxx.Xxx Limited shall defend a claim that the Software is infringing the Intellectual Property Right of a Third Party) and shall pay the reasonable costs and damages awarded against the Customer in such a claim provided that:
INTELLECTUAL PROPERTY RIGHT INFRINGEMENT. 28.4.1 If a claim, demand or action for infringement or alleged infringement of the intellectual property rights of a third party is made, or if a final injunction is obtained against Your right to continue using the Licensed Programs or, if in Our opinion the Licensed Programs are likely to become the subject of a such claim, We shall have the option to: • modify any or all of the Licensed Programs or Licensed Program Materials so as to avoid the infringement or the alleged infringement; or • take such other action as We deem reasonable to avoid or settle such claim, demand or action. • If We determine that neither of these alternatives is reasonably available, We shall have the option to terminate the Licence.
INTELLECTUAL PROPERTY RIGHT INFRINGEMENT. IF A CLAIM ALLEGING INFRINGEMENT OF AN INTELLECTUAL PROPERTY RIGHT ARISES CONCERNING THE SOFTWARE (INCLUDING BUT NOT LIMITED TO PATENT, TRADE SECRET, COPYRIGHT OR TRADEMARK RIGHTS), OMNI-FORM DIGITAL PLATFORMS IN ITS SOLE DISCRETION MAY ELECT TO DEFEND OR SETTLE SUCH CLAIM, AND/ OR TERMINATE THIS AGREEMENT AND ALL RIGHTS TO USE THE SOFTWARE, AND REQUIRE THE RETURN OR DESTRUCTION OF THE SOFTWARE, WITH A REFUND OF THE FEES PAID FOR USE OF THE SOFTWARE.
INTELLECTUAL PROPERTY RIGHT INFRINGEMENT. 19.1 Subject to the provisions of clause 19.2 AHC networks will indemnify the Customer against all claims and proceedings arising from infringement (or alleged infringement) of any intellectual property rights by reason of the Customer's use of the Service where such claim is based upon an allegation that is only consistent with a breach by AHC networks of it’s warranty at clause 22.1. As a condition of this indemnity the Customer shall:
