Common use of INTELLECTUAL PROPERTY AND PATENTS Clause in Contracts

INTELLECTUAL PROPERTY AND PATENTS. (a) ▇▇▇▇▇▇ will retain and own all right, title and interest in and to any intellectual property (x) that ▇▇▇▇▇▇ owned or had rights to before the date of the order subject to these General Terms and/or (y) on Goods that result from use of Buyer’s designs, specifications or instructions. Consequently, by submitting designs, specifications or instructions to ▇▇▇▇▇▇, Buyer irrevocably agrees that ▇▇▇▇▇▇ shall be free to use the same, free of charge, and in the broadest possible manner (and not only to manufacture Goods for Buyer), for the entire period of protection afforded to intellectual property rights (including any extension thereof) which could cover Buyer’s designs, specifications or instructions. To the extent any aspects of any Goods resulting from the use of Buyer’s designs, specifications or instructions is not automatically the exclusive property of Safran, Buyer hereby irrevocably assigns to Safran, on an exclusive basis, free of charge, all right, title and interest in and to any intellectual property on any such Goods, allowing ▇▇▇▇▇▇ to use and exploit the same in any part of the world and for the entire duration of protection of said intellectual property rights, including in particular the exclusive right to exploit, reproduce, present, adapt, modify, translate, distribute, license, sell, market and use the same, in the broadest possible manner, for the entire period of protection afforded to intellectual property rights (including any extension thereof). Such assignment is made without limitation as to the number of reproductions or presentations that may be made, in all countries and in all languages, by all means of exploitation and on all current or future types of media, including computer media, multimedia, networks, including the internet, and by direct or satellite broadcasting. The sale of Goods (including if manufactured according to Buyer’s designs, specifications or instructions) or any parts thereof hereunder confers on Buyer no license under any patent or other intellectual property rights of Safran covering or relating inter alia to (i) the structure of any devices to which the Goods or parts may be applied or (ii) a process or machine in connection with which they may be used, and does not allow Buyer to create or develop derivatives works or products from the Goods thereafter. (b) Buyer will indemnify, defend and hold Safran harmless against any losses, liabilities, damages, costs or expenses, including, without limitation, reasonable attorneys’ fees and costs, resulting from any suit or proceeding brought for infringement of patents, copyrights, trademarks, trade secrets or other intellectual property rights or for unfair competition arising from compliance with Buyer’s designs, specifications or instructions and/or use of the same by Safran. (c) With respect to Goods manufactured solely to ▇▇▇▇▇▇’▇ design or specifications, Safran will indemnify, defend and hold Buyer harmless against any losses, liabilities, damages, costs or expenses resulting from any third party action or claim that any Good infringes, in the territory where Safran entity issuing the order or agreement to which the present General Terms apply is located, any patent, copyright, trademark, trade secret, or other intellectual property right(s) valid in such territory, or results in bodily injury or property damage; provided, however, that (i) Safran is promptly notified of any and all threats, actions or claims related thereto, (ii) Safran will have exclusive control of the defense and settlement thereof, (iii) upon request and free of charge, Buyer furnishes to Safran information available to Buyer for such defense, and (iv) Buyer provides ▇▇▇▇▇▇ with reasonable assistance, at Safran’s reasonable expense. If the Goods or any parts thereof are held to constitute infringement in the territory where Safran entity issuing the order or agreement to which the present General Terms apply is located, and the use of the Goods or parts is enjoined in such territory, Safran will, in its sole discretion, at its own expense, either procure for Buyer the right to continue using the Goods or parts in such territory, or replace them with non-infringing goods in such territory; or modify them so they become non- infringing in such territory; or remove the Goods or parts and refund the purchase price and the transportation costs thereof. Safran will not be liable for any losses, liabilities, damages, costs or expenses incurred by Buyer as a result of any suit or proceeding to the extent (x) relating to the use of any Goods, or any part thereof, furnished hereunder, for a purpose that is not their ordinary purpose or in a territory which is different from the one where Safran entity who issuing the order or agreement to which the present General Terms apply is located, or (y) relating to the use of any Goods, or any part thereof, furnished hereunder, in combination with goods or services not supplied by Safran, or (z) that a manufacturing or other process utilizing any Good, or any part thereof, furnished hereunder, constitutes either direct or contributory infringement of any patent. Because ▇▇▇▇▇▇ will have exclusive control of resolving claims under this clause, in no event will Safran be liable for Buyer’s attorneys’ fees or costs. Any liability of Safran under this clause is subject to the provisions of the “Limitation of Liability” section of these General Terms.

INTELLECTUAL PROPERTY AND PATENTS. (a) ▇▇▇▇▇▇ will retain and own all right, title and interest in and to any intellectual property (x) that ▇▇▇▇▇▇ owned or had rights to before the date of the order subject to these General Terms and/or (y) on Goods that result from use of Buyer’s designs, specifications or instructions. Consequently, by submitting designs, specifications or instructions to ▇▇▇▇▇▇, Buyer irrevocably agrees that ▇▇▇▇▇▇ shall be free to use the same, free of charge, and in the broadest possible manner (and not only to manufacture Goods for Buyer), for the entire period of protection afforded to intellectual property rights (including any extension thereof) which could cover Buyer’s designs, specifications or instructions. To the extent any aspects of any Goods resulting from the use of Buyer’s designs, specifications or instructions is not automatically the exclusive property of Safran, Buyer hereby irrevocably assigns to Safran, on an exclusive basis, free of charge, all right, title and interest in and to any intellectual property on any such Goods, allowing ▇▇▇▇▇▇ to use and exploit the same in any part of the world and for the entire duration of protection of said intellectual property rights, including in particular the exclusive right to exploit, reproduce, present, adapt, modify, translate, distribute, license, sell, market and use the same, in the broadest possible manner, for the entire period of protection afforded to intellectual property rights (including any extension thereof). Such assignment is made without limitation as to the number of reproductions or presentations that may be made, in all countries and in all languages, by all means of exploitation and on all current or future types of media, including computer media, multimedia, networks, including the internet, and by direct or satellite broadcasting. The sale of Goods (including if manufactured according to Buyer’s designs, specifications or instructions) or any parts thereof hereunder confers on Buyer no license under any patent or other intellectual property rights of Safran covering or relating inter alia to (i) the structure of any devices to which the Goods or parts may be applied or (ii) a process or machine in connection with which they may be used, and does not allow Buyer to create or develop derivatives works or products from the Goods thereafter. (b) Buyer will indemnify, defend and hold Safran harmless against any losses, liabilities, damages, costs or expenses, including, without limitation, reasonable attorneys’ fees and costs, resulting from any suit or proceeding brought for infringement of patents, copyrights, trademarks, trade secrets or other intellectual property rights or for unfair competition arising from compliance with Buyer’s designs, specifications or instructions and/or use of the same by Safran. (c) With respect to Goods manufactured solely to ▇▇▇▇▇▇’▇ design or specifications, Safran will indemnify, defend and hold Buyer harmless against any losses, liabilities, damages, costs or expenses resulting from any third party action or claim that any Good infringes, in the territory where Safran entity issuing the order or agreement to which the present General Terms apply is located, any patent, copyright, trademark, trade secret, or other intellectual property right(s) valid in such territory, or results in bodily injury or property damage; provided, however, that (i) Safran is promptly notified of any and all threats, actions or claims related thereto, (ii) Safran will have exclusive control of the defense and settlement thereof, (iii) upon request and free of charge, Buyer furnishes to Safran information available to Buyer for such defense, and and (iv) Buyer provides Safran with reasonable assistance, at ▇▇▇▇▇▇’▇ with reasonable assistance, at Safran’s reasonable expense. If the Goods or any parts thereof are held to constitute infringement in the territory where Safran entity issuing the order or agreement to which the present General Terms apply is located, and the use of the Goods or parts is enjoined in such territory, Safran will, in its sole discretion, at its own expense, either procure for Buyer the right to continue using the Goods or parts in such territory, or replace them with non-infringing goods in such territory; or modify them so they become non- non-infringing in such territory; or remove the Goods or parts and refund the purchase price and the transportation costs thereof. Safran will not be liable for any losses, liabilities, damages, costs or expenses incurred by Buyer as a result of any suit or proceeding to the extent extent (x) relating to the use of any Goods, or any part thereof, furnished hereunder, for a purpose that is not their ordinary purpose or in a territory which is different from the one where Safran entity who issuing the order or agreement to which the present General Terms apply is located, or (y) relating to the use of any Goods, or any part thereof, furnished hereunder, in combination with goods or services not supplied by Safran, or (z) that a manufacturing or other process utilizing any Good, or any part thereof, furnished hereunder, constitutes either direct or contributory infringement of any patent. Because ▇▇▇▇▇▇ will have exclusive control of resolving claims under this clause, in no event will Safran be liable for Buyer’s attorneys’ fees or costs. Any liability of Safran under this clause is subject to the provisions of the “Limitation of Liability” section of these General Terms.

INTELLECTUAL PROPERTY AND PATENTS. (a) ▇▇▇▇▇▇ Safran will retain and own all right, title and interest in and to any intellectual property (x) that ▇▇▇▇▇▇ Safran owned or had rights to before the date of the order subject to these General Terms and/or (y) on Goods that result from use of Buyer’s designs, specifications or instructions. Consequently, by submitting designs, specifications or instructions to ▇▇▇▇▇▇Safran, Buyer irrevocably agrees that ▇▇▇▇▇▇ Safran shall be free to use the same, free of charge, and in the broadest possible manner (and not only to manufacture Goods for Buyer), for the entire period of protection afforded to intellectual property rights (including any extension thereof) which could cover Buyer’s designs, specifications or instructions. To the extent any aspects of any Goods resulting from the use of Buyer’s designs, specifications or instructions is not automatically the exclusive property of Safran, Buyer hereby irrevocably assigns to Safran, on an exclusive basis, free of charge, all right, title and interest in and to any intellectual property on any such Goods, allowing ▇▇▇▇▇▇ Safran to use and exploit the same in any part of the world and for the entire duration of protection of said intellectual property rights, including in particular the exclusive right to exploit, reproduce, present, adapt, modify, translate, distribute, license, sell, market and use the same, in the broadest possible manner, for the entire period of protection afforded to intellectual property rights (including any extension thereof). Such assignment is made without limitation as to the number of reproductions or presentations that may be made, in all countries and in all languages, by all means of exploitation and on all current or future types of media, including computer media, multimedia, networks, including the internet, and by direct or satellite broadcasting. The sale of Goods (including if manufactured according to Buyer’s designs, specifications or instructions) or any parts thereof hereunder confers on Buyer no license under any patent or other intellectual property rights of Safran covering or relating inter alia to (i) the structure of any devices to which the Goods or parts may be applied or (ii) a process or machine in connection with which they may be used, and does not allow Buyer to create or develop derivatives works or products from the Goods thereafter. (b) Buyer will indemnify, defend and hold Safran harmless against any losses, liabilities, damages, costs or expenses, including, without limitation, reasonable attorneys’ fees and costs, resulting from any suit or proceeding brought for infringement of patents, copyrights, trademarks, trade secrets or other intellectual property rights or for unfair competition arising from compliance with Buyer’s designs, specifications or instructions and/or use of the same by Safran. (c) With respect to Goods manufactured solely to ▇▇▇▇▇▇’▇ design or specifications, Safran will indemnify, defend and hold Buyer harmless against any losses, liabilities, damages, costs or expenses resulting from any third party action or claim that any Good infringes, in the territory where Safran entity issuing the order or agreement to which the present General Terms apply is located, any patent, copyright, trademark, trade secret, or other intellectual property right(s) valid in such territory, or results in bodily injury or property damage; provided, however, that (i) Safran is promptly notified of any and all threats, actions or claims related thereto, (ii) Safran will have exclusive control of the defense and settlement thereof, (iii) upon request and free of charge, Buyer furnishes to Safran information available to Buyer for such defense, and (iv) Buyer provides ▇▇▇▇▇▇ Safran with reasonable assistance, at Safran’s reasonable expense. If the Goods or any parts thereof are held to constitute infringement in the territory where Safran entity issuing the order or agreement to which the present General Terms apply is located, and the use of the Goods or parts is enjoined in such territory, Safran will, in its sole discretion, at its own expense, either procure for Buyer the right to continue using the Goods or parts in such territory, or replace them with non-infringing goods in such territory; or modify them so they become non- infringing in such territory; or remove the Goods or parts and refund the purchase price and the transportation costs thereof. Safran will not be liable for any losses, liabilities, damages, costs or expenses incurred by Buyer as a result of any suit or proceeding to the extent (x) relating to the use of any Goods, or any part thereof, furnished hereunder, for a purpose that is not their ordinary purpose or in a territory which is different from the one where the Safran entity who issuing the order or agreement to which the present General Terms apply is located, or (y) relating to the use of any Goods, or any part thereof, furnished hereunder, in combination with goods or services not supplied by Safran, or (z) that a manufacturing or other process utilizing any Good, or any part thereof, furnished hereunder, constitutes either direct or contributory infringement of any patent. Because ▇▇▇▇▇▇ Safran will have exclusive control of resolving claims under this clause, in no event will Safran be liable for Buyer’s attorneys’ fees or costs. Any liability of Safran under this clause is subject to the provisions of the “Limitation of Liability” section of these General Terms.