Common use of Indemnification - Patent and Copyright Clause in Contracts

Indemnification - Patent and Copyright. CONSULTANT shall defend, indemnify and hold MAG harmless from and against any and all claims, losses, damages, actions, suits or expenses (including but not limited to court costs, attorney’s fees, and costs of claim investigation and litigation) (collectively “Claims”) for infringement of any patent, copyright or trademark (“Materials”) right arising out of this Contract, including but not limited to the use by MAG of Materials furnished or work performed pursuant to this CONTRACT. In the event that the use of any patented, copyrighted, or trademarked product Materials by MAG is enjoined due to an infringement or is held to constitute an infringement, CONSULTANT shall have the obligation to, at its expense and within a reasonable time, (i) modify the infringing Materials without impairing in any material respect the functionality or performance, so that it is non-infringing;

Indemnification - Patent and Copyright. CONSULTANT shall defend, indemnify and hold MAG harmless from and against any and all claims, losses, damages, actions, suits or expenses (including but not limited to court costs, attorney’s fees, and costs of claim investigation and litigation) litigation (collectively “Claims”) for infringement of any patent, copyright or trademark (“Materials”) right arising out of this Contract, including but not limited to the use by MAG of Materials furnished or work performed pursuant to this CONTRACT. In the event that the use of any patented, copyrighted, or trademarked product Materials by MAG is enjoined due to an infringement or is held to constitute an infringement, CONSULTANT shall have the obligation to, at its expense and within a reasonable time, (i) modify the infringing Materials without impairing in any material respect the functionality or performance, so that it is non-infringing;