Common use of Claim Administration Clause in Contracts

Claim Administration. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced against the Buyer for infringement, the Buyer shall: (i) forthwith notify the Seller giving particulars thereof; (ii) furnish to the Seller all data papers and records within the Buyer’s knowledge control or possession; (iii) refrain from admitting any liability or making any payment or assuming any expenses, damages, costs or royalties or otherwise acting in a manner prejudicial to the defence or denial of such suit or claim; (iv) fully cooperate with, and render all such assistance to, the Seller as may be pertinent to the defence or denial of the suit or claim; (v) act in such a way as to mitigate damages and / or to reduce the amount of royalties which may be payable as well as to minimize costs and expenses. 13.2.2 The Seller shall be entitled either in its own name or on behalf of the Buyer to conduct negotiations with the party or parties alleging infringement and shall assume and conduct the defence or settlement of any suit or claim in the manner which it, in its opinion, deems proper and does not prejudice the Buyer.

Claim Administration. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced against the Buyer for infringement, the Buyer shall: (i) forthwith notify the Seller giving particulars thereof; (ii) furnish to the Seller all data papers and records within the Buyer’s 's knowledge control or possession; (iii) refrain from admitting any liability or making any payment or assuming any expenses, damages, costs or royalties or otherwise acting in a manner prejudicial to the defence or denial of such suit or claim; (iv) fully cooperate with, and render all such assistance to, the Seller as may be pertinent to the defence or denial of the suit or claim; (v) act in such a way as to mitigate damages and / or to reduce the amount of royalties which may be payable as well as to minimize minimise costs and expenses. 13.2.2 The Seller shall be entitled either in its own name or on behalf of the Buyer to conduct negotiations with the party or parties alleging infringement and shall may assume and conduct the defence or settlement of any suit or claim in the manner which itwhich, in its opinion, deems proper and does not prejudice the Buyerproper.