Defect of title Clause Samples
Defect of title. 9.1 The vendor is liable to the customer for any violations caused to the rights of third parties resulting from its service only if the service is used by the customer in accordance with the contract, especially in the usage environment prescribed in the contract. Liability for third-party rights violations is also limited to the rights of third parties within the European Union and the European Economic Area, as well as the location where the service is used in accordance with the contract. Point 8.2, line 1 applies accordingly.
9.2 If a third party asserts to the customer that a service of the vendor infringes on its rights, the customer is obligated to notify the vendor of this immediately. The vendor is entitled, but not obligated, to defend against the asserted claims at its own costs, if permitted to do so.
9.3 If the rights of third parties are violated by a service of the vendor, at its own discretion and at its own costs, the vendor will: - Provide the customer with the right to use the service or design the product/service such that it no longer infringes upon any rights - Take back the service while reimbursing the monies paid for it by the customer (minus an appropriate amount of compensation based on use, as laid out in point 8.6, lines 2 and 3), if the vendor cannot provide any other remedy with a reasonable outlay. The interests of the customer are to be taken into consideration in this regard.
9.4 Customer claims based on defect of title are time-barred in accordance with point 8.7. Point 8.5 also applies to claims for compensation for damages and expenses.
Defect of title. In the event use of the delivery item represents a violation of industrial property rights or copyrights, we will at our cost procure for the Customer the general right to continue the use of the delivery item or modify the delivery item for the Customer in such reasonable manner that industrial property rights are no longer violated. The Customer is entitled to withdraw from the agreement, should such measures not be feasible at economically reasonable terms or within a reasonable period. We are also entitled to withdraw from the agreement under the aforementioned facts and circumstances. In addition, we will indemnify the Customer from and against any uncontested claims or claims recognized by declaratory judgment of the respective owners of such industrial property rights.
Defect of title. If usage of the subject of delivery results in an infringement of industrial property rights or copyrights on domestic territory, the Supplier shall principally arrange for the Client’s right of further usage at the Supplier’s cost, or modify the subject of delivery in a manner acceptable for the Client, such that the infringement no longer exists. In the event that this cannot be effected under reasonable economic conditions or within reasonable time, the Client may withdraw from the contract. If the aforementioned prerequisites are met, the Supplier is also entitled to withdrawal from the contract. For the rest, the Supplier shall hold the Client harmless from any claims by the affected owners of industrial property rights, to the extent that these claims are unchallenged or have been legally recognized.
Defect of title. Any impediment whatsoever affecting the marketability of the title to the Property as determined by Lessee's attorney other than Permitted Encumbrances and for which affirmative coverage cannot be obtained through Title Insurance.
Defect of title. If the results of the Assignment breach a third party’s rights or the Agency’s or the Agency’s customers’ use of the results breaches a third party’s rights, the Contractor will indemnify the Agency for any loss, costs, including the costs of legal aid which the Agency and/or the Agency’s client incurs as a result of the defect of title. If the Contractor does not manage to obtain the rights to prevent defect of title, the Contractor will return the contract value corresponding to the extent the defect of title affects the delivery. FORCE MAJEURE If an extraordinary situation arises outwith the parties’ control and which makes it impossible to fulfil of obligations in accordance with this Project Agreement, such as weather conditions, strike, lack of ingredients, bankruptcy in sub-contractors, or similar force majeure cases, the other party is notified of this without undue delay. The parties’ obligations are suspended as long as the extraordinary situation lasts. If such a force majeure situation lasts longer than six months, a party may terminate the Agreement with two weeks’ notice by sending a written notification to the other party. Correspondingly, the parties’ obligations will be suspended if the delay affects a third party to which one of the parties have given a task to completely or partially fulfil and this third party is affected by such an extraordinary situation as in the first paragraph. RESPONSIBILITY FOR EQUIPMENT The Contractor is responsible for their own equipment including data equipment and cameras used in the execution of the task.
Defect of title. If using the contract item leads to an infringement of industrial property rights or copyrights at home (as opposed to abroad), then at his own expense, the Supplier will procure in principle the right to further use for the Customer or modify the contract item in a way reasonable for the Customer so that the property right infringement no longer exists. If this is not possible for economically appropriate conditions or is not possible within an appropriate period of time, then the Customer is entitled to withdraw from the contract. Under these specified prerequisites, the Supplier also has a right to withdraw from the contract. Furthermore, the Supplier will release the Customer from any undisputed claims or claims recognized by declaratory judgement by the relevant owner of the industrial property rights.