Common use of Defect in title of the Supplier Clause in Contracts

Defect in title of the Supplier. There is defect in title to the Supplier’s proprietary rights if third party rights regarding the SaaS-services are infringed due to circumstances for which the Supplier is responsible. To the extent anyone files a claim stating that the delivery under this Agreement is infringing their copyright, title or other intellectual property rights in Norway, the Supplier shall ensure that necessary rights are maintained or procured, or shall undertake that similar software/functionality is procured without extra cost to or operational disruption for the Customer. If none of these options in the Supplier's reasonable opinion are suitable, the Supplier may claim that the relevant service shall cease, simultaneously as the current fees shall be proportionately reduced. If a claim is made by any third party against the Customer based on infringement of such third party’s rights related to circumstances on the part of the Supplier, the Supplier shall at its own cost defend against such action on behalf of the Customer. As from the moment the Supplier takes over the case from the Customer, the Customer shall assist the Supplier, subject to its costs being covered by the Supplier, but shall not be a separate party to such proceedings. No claims based on defects in copyright, title or other intellectual property rights may be made against the Supplier other than as expressly provided above.