Common use of Defects of Title Clause in Contracts

Defects of Title. 7.2.1 Should the use of the goods entail the infringement of commercial proprietary rights or copyrights in the country where the goods are manufactured, ▇▇▇▇ will either procure the right to continued use by the Customer or modify the goods in a manner that is reasona- ble for the Customer so that the proprietary right is no longer in- fringed or defend the Customer from any infringement claim at the expense of ▇▇▇▇. 7.2.2 The Customer is entitled to cancel the contract should this not be possible at commercially reasonable conditions or within a reason- able period of time. ▇▇▇▇ will also be entitled to cancel the contract under these circumstances. 7.2.3 ▇▇▇▇ will also relieve the Customer of undisputed claims or claims established in law lodged by the owner of the proprietary rights concerned. The remedies stated are Customer’s sole remedies for infringe- ment and misappropriation of third party intellectual property rights. They will only apply provided that a. the Customer notifies ▇▇▇▇ immediately about any alleged infringements of proprietary rights or copyrights and about any claims to be expected, b. the Customer provides reasonable support to ▇▇▇▇ in de- fending claims or enables ▇▇▇▇ to carry out the modifica- tions referred to in section 7.2.1.

Defects of Title. 7.2.1 Should the use of the goods entail the infringement of commercial proprietary rights or copyrights in the country where the goods are manufactured, ▇▇▇▇ will either procure the right to continued use by the Customer or modify the goods in a manner that is reasona- ble reason- able for the Customer so that the proprietary right is no longer in- fringed or defend the Customer from any infringement claim at the expense of ▇▇▇▇. 7.2.2 The Customer is entitled to cancel the contract should this not be possible at commercially reasonable conditions or within a reason- able rea- sonable period of time. ▇▇▇▇ will also be entitled to cancel the contract under these circumstances. 7.2.3 ▇▇▇▇ will also relieve the Customer of undisputed claims or claims established in law lodged by the owner of the proprietary rights concerned. The remedies stated are Customer’s sole remedies for infringe- ment and misappropriation of third party intellectual property rights. They will only apply provided that a. the Customer notifies ▇▇▇▇ immediately about any alleged al- leged infringements of proprietary rights or copyrights and about any claims to be expected, b. the Customer provides reasonable support to ▇▇▇▇ in de- fending claims or enables ▇▇▇▇ to carry out the modifica- tions referred to in section 7.2.1.

Defects of Title. 7.2.1 Should the use of the goods entail the infringement of commercial proprietary rights or copyrights in the country where the goods are manufactured, ▇▇▇▇ Manz will either procure the right to continued use by the Customer or modify the goods in a manner that is reasona- ble for the Customer so that the proprietary right is no longer in- fringed or defend the Customer from any infringement claim at the expense of ▇▇▇▇. 7.2.2 The Customer is entitled to cancel the contract should this not be possible at commercially reasonable conditions or within a reason- able period of time. ▇▇▇▇ will also be entitled to cancel the contract under these circumstances. 7.2.3 ▇▇▇▇ will also relieve the Customer of undisputed claims or claims established in law lodged by the owner of the proprietary rights concerned. The remedies stated are Customer’s sole remedies for infringe- ment and misappropriation of third party intellectual property rights. They will only apply provided that a. the Customer notifies ▇▇▇▇ immediately about any alleged infringements of proprietary rights or copyrights and about any claims to be expected, b. the Customer provides reasonable support to ▇▇▇▇ in de- fending claims or enables ▇▇▇▇ to carry out the modifica- tions referred to in section 7.2.1.