Common use of Intellectual Property Right Clause in Contracts

Intellectual Property Right. 10.1 The Contractor shall fully indemnify USF against any and all actions, claims, demands, proceedings, damages, costs, charges and expenses arising from or incurred by reason of any infringement or alleged infringement of any intellectual property rights including copyright, patent rights, design rights and trade marks in Pakistan by use or possession of the Service, Software and Equipment supplied by the Contractor. 10.2 If at any time any allegation of infringement of any intellectual property rights including copyright, patent rights, design rights and trade marks by the use or possession of the Service, Software and Equipment supplied by the Contractor under the Contract is made or in the Contractor’s reasonable opinion is likely to be made, the Contractor may at their own expense modify or replace the service, Software and Equipment, without detracting from overall performance, and shall make good to USF, jointly and/or severally, any loss of use during modifications or replacement and/or any other losses arising out of such infringement or anticipated infringement. 10.3 The Contractor’s indemnity shall not apply to the extent such claims arise if the software has been used otherwise than in accordance with the terms of the Contract or instructions provided by the Contractor.

Intellectual Property Right. 10.1 The Contractor shall fully indemnify USF against any and all actions, claims, demands, proceedings, damages, costs, charges and expenses arising from or incurred by reason of any infringement or alleged infringement of any intellectual property rights including copyright, patent rights, design rights and trade marks in Pakistan by use or possession of the Service, Software and Equipment supplied by the Contractor. 10.2 If at any time any allegation of infringement of any intellectual property rights including copyright, patent rights, design rights and trade marks by the use or possession of the Service, Software and Equipment supplied by the Contractor under the Contract is made or in the Contractor’s Contractor‟s reasonable opinion is likely to be made, the Contractor may at their own expense modify or replace the service, Software and Equipment, without detracting from overall performance, and shall make good to USF, jointly and/or severally, any loss of use during modifications or replacement and/or any other losses arising out of such infringement or anticipated infringement. 10.3 The Contractor’s Contractor‟s indemnity shall not apply to the extent such claims arise if the software has been used otherwise than in accordance with the terms of the Contract or instructions provided by the Contractor.

Intellectual Property Right. 10.1 The Contractor shall fully indemnify USF against any and all actions, claims, demands, proceedings, damages, costs, charges and expenses arising from or incurred by reason of any infringement or alleged infringement of any intellectual property rights including copyright, patent rights, design rights and trade marks in Pakistan by use or possession of the Service, Software and Equipment supplied by the Contractor. 10.2 If at any time any allegation of infringement of any intellectual property rights including copyright, patent rights, design rights and trade marks by the use or possession of the Service, Software and Equipment supplied by the Contractor under the Contract is made or in the Contractor’s reasonable opinion is likely to be made, the Contractor may at their own expense modify or replace the service, Software and Equipment, without detracting from overall performance, and shall make good to USF, jointly and/or severally, any loss of use during modifications or replacement and/or any other losses arising out of such infringement or anticipated infringement. 10.3 The Contractor’s indemnity shall not apply to the extent such claims arise if the software has been used otherwise than in accordance with the terms of the Contract or instructions provided by the Contractor.