Common use of Duty To Remove Marks Or Destroy Noncomplying Products Clause in Contracts

Duty To Remove Marks Or Destroy Noncomplying Products. Foundry agrees not ----------------------------------------------------- to sell, transfer distribute or otherwise convey any part, component, product or service bearing or incorporating HP Marks, part numbers or other identifiers, including any HP packaging, copyrights or code, to any party other than to Eligible Purchasers. Foundry will remove from all rejected, returned or unpurchased OEM Products any such HP Marks or identifiers, even if such removal would require destruction of the OEM Products. Foundry further agrees not to represent that such OEM Products are built for HP or to HP specifications. Foundry will defend and indemnify HP against any claims, losses, liabilities, costs or expenses that HP may incur as a result of Foundry's breach of this obligation. *Material has been omitted pursuant to a request for confidential treatment. Such material has been filed separately with the Securities and Exchange Commission.