Common use of Intellectual Property Indemnification Clause in Contracts

Intellectual Property Indemnification. A. The Contractor warrants and guarantees that no intellectual property rights (including, but not limited to, copyright, patent, mask rights and trademark) of third parties are infringed or in any manner involved in or related to the Services provided hereunder. B. The Contractor further covenants for itself, its employees, and Subcontractors to save, defend, hold harmless, and indemnify APS, and all of its officers, officials, departments, agencies, agents, and employees from and against any and all claims, losses, damages, injuries, fines, penalties, costs (including court costs and attorney's fees), charges, liability, or exposure, however caused, for or on account of any trademark, copyright, patented or unpatented invention, process, or article manufactured or used in the performance of this Contract, including its use by APS. If the Contractor, or any of its employees or subcontractors, uses any design, device, work, or materials covered by letters patent or copyright, it is mutually agreed and understood, without exception, that the Contract Amount includes all royalties, licensing fees, and any other costs arising from the use of such design, device, work, or materials in any way involved with the Work. This duty to save, defend, hold harmless and indemnify shall survive the termination of this Contract. If, after Notice by APS, the Contractor fails or refuses to fulfill its obligations contained in this Section, the Contractor shall be liable for and reimburse APS for any and all expenses, including but not limited to, reasonable attorney’s fees incurred and any settlements or payments made. The Contractor shall pay such expenses upon demand by APS and failure to do so may result in such amounts being withheld from any amounts due to Contractor under this Contract.

Appears in 29 contracts

Sources: Minor General Construction, Minor General Construction, Contract for Teacher Services

Intellectual Property Indemnification. A. The Contractor warrants and guarantees that no intellectual property rights (including, but not limited to, copyright, patent, mask rights and trademark) of third parties are infringed or in any manner involved in or related to the Services services provided hereunder. B. . The Contractor further covenants for itself, its employees, and Subcontractors subcontractors to save, defend, hold harmless, and indemnify APS, and all of its officers, officials, departments, agencies, agents, and employees from and against any and all claims, losses, damages, injuries, fines, penalties, costs (including court costs and attorney's fees), charges, liability, or exposure, however caused, for or on account of any trademark, copyright, patented or unpatented invention, process, or article manufactured or used in the performance of this Contract, including its use by APS. If the Contractor, or any of its employees or subcontractors, uses any design, device, work, or materials covered by letters patent or copyright, it is mutually agreed and understood, without exception, that the Contract Amount includes all royalties, licensing fees, and any other costs arising from the use of such design, device, work, or materials in any way involved with the Work. This duty to save, defend, hold harmless and indemnify shall survive the termination of this Contract. If, after Notice by APS, the Contractor fails or refuses to fulfill its obligations contained in this Sectionsection, the Contractor shall be liable for and reimburse APS for any and all expenses, including but not limited to, reasonable attorney’s fees incurred and any settlements or payments made. The Contractor shall pay such expenses upon demand by APS and failure to do so may result in such amounts being withheld from any amounts due to Contractor under this Contract.

Appears in 10 contracts

Sources: Educational Interpretation Services, Enterprise Resource Planning (Erp) System Upgrade, Review of Specific Staffing Allocations

Intellectual Property Indemnification. A. The Contractor warrants and guarantees that no intellectual property rights (including, but not limited to, copyright, patent, mask rights and trademark) of third parties are infringed or in any manner involved in or related to the Services services provided hereunder. B. . The Contractor further covenants for itself, its employees, and Subcontractors subcontractors to save, defend, hold harmless, and indemnify APS, and all of its officers, officials, departmentsOffices, agencies, agents, and employees (collectively and including APS the “APS Indemnitees” for purposes of this section) from and against any and all claims, losses, damages, injuries, fines, penalties, costs (including court costs and attorney's fees), charges, liability, or exposure, Indemnification Costs however causedcaused unless knowingly caused by an APS Indemnitee, for or on account of any trademark, copyright, patented or unpatented invention, process, or article manufactured or used in the performance of this Contract, including its use by APSAPS or an APS Indemnitee without knowledge of the intellectual property right. If the Contractor, or any of its employees or subcontractors, uses any design, device, work, or materials covered by letters patent or copyright, it is mutually agreed and understood, without exception, that the Contract Amount includes hourly rates payable to Contractor include all royalties, licensing fees, and any other costs arising from the use of such design, device, work, or materials in any way involved with the Work. This duty to save, defend, hold harmless and indemnify shall survive the termination of this Contract. If, after Notice by APS, the Contractor fails or refuses to fulfill its obligations contained in this Sectionsection, the Contractor shall be liable for and reimburse APS for any and all expenses, including but not limited to, reasonable attorney’s fees incurred Indemnification Costs and any settlements or payments made. The Contractor shall pay such expenses upon demand by APS and failure to do so may result in such amounts being withheld from any amounts due to Contractor under this Contract.

Appears in 6 contracts

Sources: Contract for Architecture and Engineering Services, Contract for Architecture and Engineering Services, Contract 03fy21 Vmdo Architects Term Contracts for Architecture and Engineering Services

Intellectual Property Indemnification. A. The Contractor warrants and guarantees that no intellectual property rights (including, but not limited to, copyright, patent, mask rights work and trademark) of third parties are infringed or in any manner involved in or related to the Services services provided hereunder. B. . The Contractor further covenants for itself, its employees, and Subcontractors subcontractors to save, defend, hold harmless, and indemnify APSthe City, and all of its officers, officials, departments, agencies, agents, and employees from and against any and all claims, losses, damages, injuries, fines, penalties, costs (including court costs and attorney's fees), charges, liability, or exposure, however caused, for or on account of any trademark, copyright, patented or unpatented invention, process, or article manufactured or used in the performance of this Contract, including its use by APSthe City. If the Contractor, or any of its employees or subcontractors, uses any design, device, work, or materials covered by letters patent or copyright, it is mutually agreed and understood, without exception, that the Contract Amount includes all royalties, licensing fees, and any other costs arising from the use of such design, device, work, or materials in any way involved with the Workwork hereunder. This duty to save, defend, hold harmless and indemnify shall survive the termination of this Contract. If, after Notice by APSthe City, the Contractor fails or refuses to fulfill its obligations contained in this Sectionsection, the Contractor shall be liable for and reimburse APS the City for any and all expenses, including but not limited to, reasonable attorney’s fees incurred and any settlements or payments made. The Contractor shall pay such expenses upon demand by APS the City and failure to do so may result in such amounts being withheld from any amounts due to Contractor under this Contract.

Appears in 5 contracts

Sources: Contract Agreement, Contract Agreement, Contract Agreement

Intellectual Property Indemnification. A. The Contractor warrants and guarantees that no intellectual property rights (including, but not limited to, copyright, patent, mask rights and trademark) of third parties are infringed or in any manner involved in or related to the Services services provided hereunder. B. . The Contractor further covenants for itself, its employees, and Subcontractors subcontractors to save, defend, hold harmless, and indemnify APSthe County, and all of its officers, officials, departments, agencies, agents, and employees from and against any and all claims, losses, damages, injuries, fines, penalties, costs (including court costs and attorney's fees), charges, liability, or exposure, however caused, for or on account of any trademark, copyright, patented or unpatented invention, process, or article manufactured or used in the performance of this Contract, including its use by APSthe County. If the Contractor, or any of its employees or subcontractors, uses any design, device, work, or materials covered by letters patent or copyright, it is mutually agreed and understood, without exception, that the Contract Amount includes all royalties, licensing fees, and any other costs arising from the use of such design, device, work, or materials in any way involved with the Work. This duty to save, defend, hold harmless and indemnify shall survive the termination of this Contract. If, after Notice by APSthe County, the Contractor fails or refuses to fulfill its obligations contained in this Sectionsection, the Contractor shall be liable for and reimburse APS the County for any and all expenses, including but not limited to, reasonable attorney’s attorneys’ fees incurred and any settlements or payments made. The Contractor shall pay such expenses upon demand by APS the County and failure to do so may result in such amounts being withheld from any amounts due to Contractor under this Contract.

Appears in 2 contracts

Sources: Contract Agreement, Contract Agreement

Intellectual Property Indemnification. A. The Contractor warrants and guarantees that no intellectual property rights (including, but not limited to, copyright, patent, mask rights and trademark) of third parties are infringed or in any manner involved in or related to the Services provided hereunder. B. The Contractor further covenants for itself, its employees, and Subcontractors to save, defend, hold harmless, and indemnify APS, and all of its officers, officials, departments, agencies, agents, and employees from and against any and all claims, losses, damages, injuries, fines, penalties, costs (including court costs and attorney's fees), charges, liability, or exposure, however caused, for or on account of any trademark, copyright, patented or unpatented invention, process, or article manufactured or used in the performance of this Contract, including its use by APS. If the Contractor, or any of its employees or subcontractors, uses any design, device, work, or materials covered by letters patent or copyright, it is mutually agreed and understood, without exception, that the Contract Amount includes all royalties, licensing fees, and any other costs arising from the use of such design, device, work, or materials in any way involved with the Work. This duty to save, defend, hold harmless and indemnify shall survive the termination of this Contract. If, after Notice by APS, the Contractor fails or refuses to fulfill its obligations contained in this Section, the Contractor shall be liable for and reimburse APS for any and all expenses, including but not limited to, reasonable attorney’s fees incurred incurred, and any settlements or payments made. The Contractor shall pay such expenses upon demand by APS and failure to do so may result in such amounts being withheld from any amounts due to Contractor under this Contract.

Appears in 1 contract

Sources: Contract for Services