Common use of PATENT PROTECTION Clause in Contracts

PATENT PROTECTION. Subject to all limitations of liability provided herein, SELLER will, with respect to any Products of SELLER’s design or manufacture, indemnify BUYER from any and all damages and costs as finally determined by a court of competent jurisdiction in any suit for infringement of any U.S. or Canadian patent (or European patent for Products that SELLER sells to BUYER for end use in a member state of the E.U.) that has issued as of the delivery date, solely by reason of the sale or normal use of any Products sold to BUYER hereunder and from reasonable expenses incurred by BUYER in defense of such suit if SELLER does not undertake the defense thereof, provided that BUYER promptly notifies SELLER of such suit and offers SELLER either (i) full and exclusive control of the defense of such suit when Products of SELLER only are involved, or (ii) the right to participate in the defense of such suit when products other than those of SELLER are also involved. SELLER’s warranty as to use patents only applies to infringement arising solely out of the inherent operation of the Products according to their applications as envisioned by SELLER’s specifications. In case the Products are in such suit held to constitute infringement and the use of the Products is enjoined, SELLER will, at its own expense and at its option, either procure for BUYER the right to continue using such Products or replace them with non-infringing products, or modify them so they become non-infringing, or remove the Products and refund the purchase price (prorated for depreciation) and the transportation costs thereof. The foregoing states the entire liability of SELLER for patent

PATENT PROTECTION. Subject to all limitations of liability provided herein, SELLER Hach will, with respect to any Products of SELLERHach’s design or manufacture, indemnify BUYER Buyer from any and all damages and costs as finally determined by a court of competent jurisdiction in any suit for infringement of any U.S. or Canadian patent (or European patent for Products that SELLER Hach sells to BUYER Buyer for end use in a member state of the E.U.) that has issued as of the delivery date, solely by reason of the sale or normal use of any Products sold to BUYER Buyer hereunder and from reasonable expenses incurred by BUYER ▇▇▇▇▇ in defense of such suit if SELLER Hach does not undertake the defense thereof, provided that BUYER Buyer promptly notifies SELLER Hach of such suit and offers SELLER Hach either (i) full and exclusive control of the defense of such suit when Products of SELLER Hach only are involved, or (ii) the right to participate in the defense of such suit when products other than those of SELLER Hach are also involved. SELLERHach’s warranty as to use patents only applies to infringement arising solely out of the inherent operation of the Products according to their applications as envisioned by SELLER’s ▇▇▇▇’▇ specifications. In case the Products are in such suit held to constitute infringement and the use of the Products is enjoined, SELLER Hach will, at its own expense and at its option, either procure for BUYER Buyer the right to continue using such Products or replace them with non-infringing products, or modify them so they become non-infringing, or remove the Products and refund the purchase price (prorated for depreciation) and the transportation costs thereof. The foregoing states the entire liability of SELLER Hach for patentpatent infringement by the Products. Further, to the same extent as set forth in Hach’s above obligation to ▇▇▇▇▇, ▇▇▇▇▇ agrees to defend, indemnify and hold harmless Hach for patent infringement related to

PATENT PROTECTION. Subject to all limitations of liability provided herein, SELLER Hach will, with respect to any Products of SELLERHach’s design or manufacture, indemnify BUYER Buyer from any and all damages and costs as finally determined by a court of competent jurisdiction in any suit for infringement of any U.S. or Canadian patent (or European patent for Products that SELLER Hach sells to BUYER Buyer for end use in a member state of the E.U.) that has issued as of the delivery date, solely by reason of the sale or normal use of any Products sold to BUYER Buyer hereunder and TERMS AND CONDITIONS OF SALE FOR HACH® PRODUCTS v. 2018-08-14 2 from reasonable expenses incurred by BUYER Buyer in defense of such suit if SELLER ▇▇▇▇ does not undertake the defense thereof, provided that BUYER ▇▇▇▇▇ promptly notifies SELLER Hach of such suit and offers SELLER Hach either (i) full and exclusive control of the defense of such suit when Products of SELLER Hach only are involved, or (ii) the right to participate in the defense of such suit when products other than those of SELLER Hach are also involved. SELLERHach’s warranty as to use patents only applies to infringement arising solely out of the inherent operation of the Products according to their applications as envisioned by SELLER’s ▇▇▇▇’▇ specifications. In case the Products are in such suit held to constitute infringement and the use of the Products is enjoined, SELLER Hach will, at its own expense and at its option, either procure for BUYER Buyer the right to continue using such Products or replace them with non-infringing products, or modify them so they become non-infringing, or remove the Products and refund the purchase price (prorated for depreciation) and the transportation costs thereof. The foregoing states the entire liability of SELLER Hach for patentpatent infringement by the Products. Further, to the same extent as set forth in Hach’s above obligation to Buyer, ▇▇▇▇▇ agrees to defend, indemnify and hold harmless Hach for patent infringement related to (x) any goods manufactured to the Buyer’s design,

PATENT PROTECTION. Subject to all limitations of liability provided herein, SELLER Lufft will, with respect to any Products of SELLERLufft’s design or manufacture, indemnify BUYER Buyer from any and all damages and costs as finally determined by a court of competent jurisdiction in any suit for infringement of any U.S. or Canadian patent (or European patent for Products that SELLER Lufft sells to BUYER Buyer for end use in a member state of the E.U.) that has issued as of the delivery date, solely by reason of the sale or normal use of any Products sold to BUYER Buyer hereunder and from reasonable expenses incurred by BUYER ▇▇▇▇▇ in defense of such suit if SELLER ▇▇▇▇▇ does not undertake the defense thereof, provided that BUYER Buyer promptly notifies SELLER Lufft of such suit and offers SELLER Lufft either (i) full and exclusive control of the defense of such suit when Products of SELLER Lufft only are involved, or (ii) the right to participate in the defense of such suit when products other than those of SELLER Lufft are also involved. SELLERLufft’s warranty as to use patents only applies to infringement arising solely out of the inherent operation of the Products according to their applications as envisioned by SELLERLufft’s specifications. In case the Products are in such suit held to constitute infringement and the use of the Products is enjoined, SELLER Lufft will, at its own expense and at its option, either procure for BUYER Buyer the right to continue using such Products or replace them with non-infringing products, or modify them so they become non-non- infringing, or remove the Products and refund the purchase price (prorated for depreciation) and the transportation costs thereof. The foregoing states the entire liability of SELLER Lufft for patentpatent infringement by the Products. Further, to the same extent as set forth in Lufft’s above obligation to Buyer, ▇▇▇▇▇ agrees to defend, indemnify and hold harmless Lufft for patent infringement related to (a) any goods manufactured to the Buyer’s design, (b) services provided in accordance with the Buyer’s instructions, or (c) Lufft’s Products when used in combination with any other devices, parts or software not provided by Lufft hereunder.