CLAIMS OF THIRD PARTIES. In case a third party should assert that one of the Trademarks does infringe rights belonging to said third party, BUYER shall promptly inform SELLER about said event and any eventual claim, suit, action or damage and BUYER shall agree with SELLER the relevant actions to be taken with respect to the defence, being understood that as all corresponding costs shall be borne by SELLER, the latter has the right to appoint its attorney and to decide with reference to the strategy of the defence (BUYER however might appoint its own attorneys at its own expenses). It is furthermore understood that BUYER's right to set off the relevant claim pursuant to Section 7.3 above shall apply only to the extent such claim is finally ascertained or an enforceable title has been released by the competent Authority. Art. 8
Appears in 1 contract
Sources: Umbrella Agreement (Gentium S.p.A.)
CLAIMS OF THIRD PARTIES. In case a of claims started by third party should assert that one of parties in relation to any circumstance, which is covered by the Trademarks does infringe rights belonging to said third partyWarranties, BUYER shall promptly inform SELLER about said event and any eventual claim, suit, action or damage and BUYER shall agree with SELLER the relevant actions to be taken with respect to the defence, being understood that as all corresponding costs shall be borne by SELLER, the latter has the right to appoint its attorney and to decide with reference to the strategy of the defence (BUYER however might appoint its own attorneys at its own expenses). It is furthermore understood that BUYER's right to set off the relevant claim pursuant to Section 7.3 12.3 above shall apply only to the extent such claim is finally ascertained or an enforceable title has been released by the competent Authority. Art. 8.
Appears in 1 contract
Sources: Umbrella Agreement (Gentium S.p.A.)