Legal Defects. 3.1 The liability of the Seller for the Goods not to be in breach of any third-party industrial property rights or copyrights shall be limited to the Federal Republic of Germany and the country in which the Buyer is registered. The Seller shall have no such liability for any other country, such as any country to which the Goods may be moved by the Buyer, unless such other country has been notified by the Buyer to the Seller prior to awarding the contract or placing the order for the Goods.
Legal Defects. 1. In as far as rights of third parties prevent the contractual use of the product the Buyer shall inform the Seller without undue delay of the assertion of such rights of third parties and shall give the Seller all powers of attorney and grant all authorities required to defend the product against the rights of third parties asserted at its own costs.
Legal Defects. If use of the object of purchase leads to commercial property rights or copyrights being breached in Germany, MAN shall, in principle, obtain the right, at its expense, for the Purchaser to continue using the object of purchase or modify the object of purchase for the Purchaser in a reasonable manner to ensure that the property rights are no longer breached. If this is not possible on economically reasonable terms or within a reasonable period, the Purchaser shall be entitled to withdraw from the Agreement. MAN shall also be entitled to withdraw from the Agreement under the preconditions men- tioned. In addition, MAN shall indemnify the Purchaser against undisputed claims or those that have been established in law by the holder of the property rights.
Legal Defects. If a third party starts legal action claiming that the Software infringes other’s copyright, title or industrial rights in Norway, Xxxxx shall at its own expense defend the Customer’s interest. This should however only apply to the extent the Customer immediately notifies Xxxxx of such claims, that Xxxxx gains control of the case and that the Customer co-operates with Xxxxx in the negotiations and potential court proceedings. Xxxxx shall in such case cover awarded legal costs and compensation. No other claims than these stated in this clause 8 can be put forward against Xxxxx as a result of legal defects.
Legal Defects. 14.24.1 The Performance shall be deemed to have legal defects if it is encumbered with a right of a third party or if the Contractor is obliged to create such third-party rights (e.g. with the right resulting from industrial and intellectual property, lien and the like). The Performance shall also be deemed to have legal defects in the case pursuant to Section 433 (2) of the Act No. 513/1991 Coll. Commercial Code as amended (hereinafter referred to as “Commercial Code”). The application of Section 434 of Commercial Code shall be excluded for the purposes of this Contract (hereinafter referred to as “the Legal Defects”).
Legal Defects. In the event that the object of the Contract suffers from legal defects, the Contractor shall immediately remedy such defects, no later than on the date set by the Client. The Contractor shall bear all costs incurred by the Client in connection with the revealed legal defects, including documented costs related to third-party claims. If the delay in remedying the legal defects exceeds 1 week, the Client shall be entitled to withdraw from the contract. The provisions of § 14.2 shall apply accordingly. A legal defect disclosed upon acceptance of the object of the contract shall always be treated as a major defect and remedying such defect shall be subject to the rigour described in § 9.4 sentences 1-3.
Legal Defects. 7 If the use of the delivery goods results in the violation of industrial property rights or copyrights domestically, then we shall in principle, at our expense, procure the right for the Customer to continue to use the goods or we shall modify the delivery goods in a way that is reasonable for the Customer so that the violation of proprietary rights no longer exists. If this is not possible with proportionate costs or within an appropriate timeframe, then the Customer shall be entitled to withdraw from the agreement. In the event that the aforementioned requirements exist, we shall also be entitled to withdraw from the agreement. Furthermore, we shall indemnify the Customer from any claims of affected holders of proprietary rights which are undisputed or have been legally upheld. 8 In the case of the violation of proprietary rights or copyrights, our obligations shall be definitively limited to those specified in § 7 Clause 7 shall, notwithstanding § 8 Clause 2. They shall be valid only if the Customer has promptly notified us of the violations of copyrights or proprietary rights to have been asserted, the Customer supports us in an appropriate scope in the warding off of the asserted claims and/or makes it possible for us to implement the modification measures in accordance with § 7 Clause 7, we reserve the right to undertake all warding-off measures including extra-judicial provisions, the legal defect is not based upon instructions from the Customer and the legal violation has not been caused owing to the fact that the Customer has modified the delivery goods on its own or used them in a non- contractual manner. § 8 - Liability 1 If the delivery goods cannot be contractually used by the Customer owing to our fault as the result of the flawed implementation of, or the failure to implement, the recommendations and consulting that have been made/provided before or after the contractual conclusion or owing to the violation of other contractual ancillary obligations – particularly instructions for the servicing and maintenance of the delivery goods, then the provisions of §§ 7 and 8 Clause 2 shall apply accordingly subject to the exclusion of additional claims of the Customer.
Legal Defects. If the Vendor’s performance infringes anyone’s copyrights or other rights, this shall be deemed to be a legal defect.
Legal Defects. If InfiniCom's performance infringes anyone's copyrights or other rights, this shall be deemed to be a legal defect.
Legal Defects. 12.1. Seller represents that the Supply hereunder shall be delivered to Buyer free of any legal defects, including defects under copyrights, patent or industrial rights of third parties. Seller shall indemnify Buyer for all and any damage suffered as a result of any legal defects of the Supply.
