Common use of Claim of Intellectual Property Infringement Clause in Contracts

Claim of Intellectual Property Infringement. Notwithstanding any other provision of this License Agreement, Perforce will defend, or settle at its own expense, any action brought against Licensee to the extent that it is based on a claim that any Software supplied by Perforce hereunder infringes any third party intellectual property right (an “Infringement Claim”), and indemnify Licensee and its officers, directors, shareholders, employees, accountants, attorneys, and third party agents, against fines, penalties, costs, damages and expenses (including reasonable legal fees) finally awarded against Licensee by a court of competent jurisdiction, or agreed to in a written settlement agreement by Perforce, arising out of such Infringement Claim. Perforce’s obligation to indemnify Licensee pursuant to this Section 4.2 is subject to the following conditions: (a) Licensee must give Perforce prompt written notice of any Infringement Claim;