Patent Liability Clause Samples

A Patent Liability clause defines the responsibilities and protections related to patent infringement within a contract. Typically, it outlines which party is liable if a product, service, or process provided under the agreement infringes on a third party's patent rights, and may require one party to defend, indemnify, or hold the other harmless in such cases. This clause is essential for allocating the risk of patent disputes, ensuring that both parties understand their obligations and potential exposures, and providing a mechanism for addressing claims of infringement that may arise during the course of the agreement.
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Patent Liability. Contractor shall at all times be responsible for and hold harmless and indemnify Operator from and against any and all loss or liability arising from infringement of patents of the United States covering equipment furnished by Contractor. Operator shall at all times be responsible for and hold harmless and indemnify Contractor from and against any and all loss or liability arising from infringement or alleged infringements of patents covering the property, equipment, methods or processes furnished or directed by Operator.
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Patent Liability. Except as to Products manufactured to designs or specifications of Buyer, ▇▇▇▇▇▇▇ agrees to indemnify and hold Buyer harmless from liability for costs and damages awarded in a final, non- appealable judgment against Buyer in any civil action for infringement of any United States patent which allegedly covers the Products in the form in which they are furnished hereunder, provided that ▇▇▇▇▇ has given Hyperco notice of any suit for infringement brought against Buyer within ten (10) days of the date of service of complaint upon ▇▇▇▇▇ and has permitted Hyperco to control the defense of such suit. In no event shall Hyperco be liable for any infringement by Buyer resulting from the use or sale of the Products where such Products are suitable for substantial non-infringing use. ▇▇▇▇▇ agrees to hold Hyperco harmless from any liability of Hyperco for infringement of patents by reason of manufacture according to ▇▇▇▇▇'s design or incorporation of Hyperco's materials in a more comprehensive assembly than sold by Hyperco, provided Hyperco promptly notifies Buyer of any claim of litigation, and tenders the defense thereof to Buyer. Hyperco grants no license, express or implied, other than the right of Buyer to use the specified materials or part in the form delivered by Hyperco.
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Patent Liability. Service provider shall protect, defend and save the City harmless from any liability, including costs and expenses, for, or on account of, any patented or unpatented invention, article or appliance manufactured or used in the performance of this Contract selected by Service provider, and further agrees to pay all loss and expense incurred by the City by reason of any such claims or suits, including attorneys' fees.
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Patent Liability. Contractor agrees to defend, release, indemnify and hold harmless Operator against any and all claims, demands, causes of action, damages, losses, liabilities and other costs (including attorneys fees and court costs) arising from infringement or alleged infringement of patents covering Contractor's Equipment, property,
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Patent Liability. Construction Manager shall protect, defend and save the City harmless from any liability, including costs and expenses, for, or on account of, any patented or unpatented invention, article or appliance manufactured or used in the performance of this Agreement selected by Construction Manager, and further agrees to pay all loss and expense incurred by the City by reason of any such claims or suits, including attorneys' fees.
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Patent Liability. Except as to goods manufactured to designs or specifications of Buyer, MTE agrees to indemnify and hold Buyer harmless from liability for costs and damages awarded in a final, non-appealable judgment against Buyer in any civil action for infringement of any United States patent which allegedly covers the goods in the form in which they are furnished hereunder, provided that ▇▇▇▇▇ has given MTE notice of any suit for infringement brought against Buyer within ten (10) days of the date of service of complaint upon ▇▇▇▇▇ and has permitted MTE to control the defense of such suit. In no event shall MTE be liable for any infringement by Buyer resulting from the use or sale of the goods where such goods are suitable for substantial non-infringing use. ▇▇▇▇▇ agrees to hold MTE harmless from any liability of MTE for infringement of patents by reason of manufacture according to ▇▇▇▇▇'s design or incorporation of MTE's materials in a more comprehensive assembly than sold by MTE, provided MTE promptly notifies Buyer of any claim of litigation, and tenders the defense thereof to Buyer. MTE grants no license, express or implied, other than the right of Buyer to use the specified materials or part in the form delivered by MTE.
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Patent Liability 
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Related to Patent Liability

  • Joint Liability 26.1. Notwithstanding anything contained herein or in any agreement between the Issuer and the RTA, the Issuer and the RTA shall be jointly and severally responsible and liable to CDSL, its participants and beneficial owners for compliance with all obligations under this Agreement as also under the Bye Laws and Operating Instructions.

  • Product Liability Claims Notwithstanding the provisions of Section 9.2, any Losses arising out of any Third Party claim, suit, action, proceeding, liability or obligation involving any actual or alleged death or bodily injury arising out of or resulting from the development, manufacture or Commercialization of any Fibrocell Products or Improved Products for use or sale in the Field, to the extent that such Losses exceed the amount (if any) covered by the applicable Party’s product liability insurance (“Excess Product Liability Costs”), shall be paid by [*****], except to the extent such Losses arise out of any Third-Party Claim based on the gross negligence or willful misconduct of a Party, its Affiliates, or its Affiliates’ sublicensees, or any of the respective officers, directors, employees and agents of each of the foregoing entities, in the performance of obligations or exercise of rights under this Agreement.

  • Product Liability The Company has no Liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against any of them giving rise to any Liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product manufactured, sold, leased, or delivered by the Company.

  • Tenant Liability In the event of any sublease or assignment, whether or not with Landlord’s consent, Tenant shall not be released or discharged from any liability, whether past, present or future, under this Lease, including any liability arising from the exercise of any renewal or expansion option, to the extent such exercise is expressly permitted by Landlord. Tenant’s liability shall remain primary, and in the event of default by any subtenant, assignee or successor of Tenant in performance or observance of any of the covenants or conditions of this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said subtenant, assignee or successor. After any assignment, Landlord may consent to subsequent assignments or subletting of this Lease, or amendments or modifications of this Lease with assignees of Tenant, without notifying Tenant, or any successor of Tenant, and without obtaining its or their consent thereto, and such action shall not relieve Tenant or any successor of Tenant of liability under this Lease. If Landlord grants consent to such sublease or assignment, Tenant shall pay all reasonable attorneys’ fees and expenses incurred by Landlord with respect to such assignment or sublease. In addition, if Tenant has any options to extend the term of this Lease or to add other space to the Premises, such options shall not be available to any subtenant or assignee, directly or indirectly without Landlord’s express written consent, which may be withheld in Landlord’s sole discretion.

  • DEFECT LIABILITY It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.