Common use of Authorization and Consent Clause in Contracts

Authorization and Consent. a. In order to avoid any possible interruption in the performance of this Agreement, USGS hereby gives the U.S. Government’s authorization and consent (without prejudice to any rights of indemnification) for all use and manufacture of any invention covered by a U.S. patent in the performance of Licensee’s responsibilities and obligations under this Agreement, including the performance of such responsibilities and obligations by Licensee’s contractors, subcontractors, and agents. b. Notwithstanding Section 10.5 below, and any amendment, in the event that the United States Government incurs any liability for the use or manufacture of inventions covered by a United States patent either as royalties owed under an existing United States Government license or as an unlicensed practice of such patent, and such liability is incurred as a result of Licensee and (or) any of Licensee’s contractors’, subcontractors’, or agents’ performance of Licensee’s responsibilities and obligations under this Agreement and exclusively from Licensee’s products or services, Licensee agrees to indemnify and hold the U.S. Government harmless against such liability, including infringement costs and reimbursement for expenses incurred by the United States Government in defending against any suit or claim for such royalties or infringements.

Authorization and Consent. a. In order to avoid any possible interruption in the performance of this Agreement, USGS hereby gives the U.S. Government’s authorization and consent (without prejudice to any rights of indemnification) for all use and manufacture of any invention covered by a U.S. patent in the performance of Licensee’s responsibilities and obligations under this Agreement, including the performance of such responsibilities and obligations by Licensee’s contractors, subcontractors, and agents. b. . Notwithstanding Section 10.5 below, and any amendment, in the event that the United States Government incurs any liability for the use or manufacture of inventions covered by a United States patent either as royalties owed under an existing United States Government license or as an unlicensed practice of such patent, and such liability is incurred as a result of Licensee and (or) any of Licensee’s contractors’, subcontractors’, or agents’ performance of Licensee’s responsibilities and obligations under this Agreement and exclusively from Licensee’s products or services, Licensee agrees to indemnify and hold the U.S. Government harmless against such liability, including infringement costs and reimbursement for expenses incurred by the United States Government in defending against any suit or claim for such royalties or infringements.