IPR Claims. 9.1 ICE undertakes to defend the Customer from and against any claim or action that the provision, receipt or use of the Data or Materials (wholly or in part) infringes any UK Intellectual Property Right of a third party (an “IPR Claim”) and shall indemnify the Customer against any losses, damages, costs (including all legal fees) and expenses incurred by or awarded against the Customer as a result of, or in connection with, any such IPR Claim, provided that, if any third party makes a IPR Claim, or notifies an intention to make an IPR Claim against the Customer, the Customer shall:
IPR Claims. The Client will provide immediate written Notice to Elevate if the Client becomes aware of any actual or threatened infringement of any Intellectual Property Rights of Elevate’s.
IPR Claims. If any IPR Claim is made, or in Supplier’s reasonable opinion is likely to be made, Supplier shall promptly and at its costs either:- (a) obtain for Micro Focus the right to continue using the relevant materials which were the subject of the IPR Claim; (b) modify or replace the infringing part of the materials so as to avoid the infringement or alleged infringement, but in such a way that it complies with the representations and warranties in the Order; or (c) if unable to replace or modify the infringing Products, refund in full all monies paid by Micro Focus for the infringing Products and pay all reasonable costs incurred by Micro Focus in replacing the infringing Products.
IPR Claims. During any term of this Agreement, If an injunction is sought or obtained against your use of the Two Impulse Software as a result of a third party infringement claim, Two Impulse may, at its option:
IPR Claims. Notwithstanding anything to the contrary in Section 14.2, the parties shall not be required to attempt to amicably resolve or arbitrate claims concerning the validity, enforceability, scope or infringement of any IPR or any trademark rights, and shall retain the right to pursue all such claims in any court of competent jurisdiction. In the event of any such infringement or misappropriation, the parties recognize that money damages may not be an adequate remedy and therefore agree that, in addition to any other remedies available hereunder, by law or otherwise, a party whose IPR or trademark rights have been infringed or misappropriated by the other party shall be entitled to seek injunctive relief against any such continued infringement or misappropriation.
IPR Claims. 10.1. The Supplier shall subject to (clause 11.5 of the Call-Off Contract and clause 12) be liable to the Buyer for the Buyer’sreasonable costs and damages awarded by a court of competent jurisdiction under any final judgement or agreed by the Supplier in writing in final settlement arising out of a claim that any Deliverables infringe any copyright, database right, trade secrets or trademark of a third party (a “Supplier IPR Claim”) provided that, in relation to that SupplierIPR Claim, the Buyer complies with the Buyer’s obligations under clause 10.3.
IPR Claims. If a third party makes or commences any Claim against Customer alleging that the Solution, Solution Materials or Documentation infringe the IPR of that third party (IPR Claim):
IPR Claims. The Customer will immediately notify the Provider in writing if it receives any allegation, claim or demand relating to any infringement or alleged infringement of any IPR in connection with this Agreement (each, an IPR Claim). The Customer will promptly send to the Provider a copy of each communication it receives relating to any IPR Claim. The Customer will not, without the Provider’s prior written consent, do or omit to do anything in relation to any IPR Claim which in the Provider’s reasonable opinion may adversely affect the Provider or any of the Provider Parties. If any IPR Claim is made or, in the reasonable opinion of the Provider is likely to be made, against the Customer, the Provider may, without liability, terminate this Agreement by notice to the Customer with immediate effect.
