Common use of PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS Clause in Contracts

PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS. ‌ 17.1. The CM shall secure all rights and pay all license fees, royalties, and costs arising from patents, trade secrets, copyrights, or other intellectual property rights that are in any way involved with the services or involved with or required for the services performed by or on behalf of the CM. The CM shall defend, indemnify, and save harmless the Owner and its present and future officers, employees, and agents from and against any and all liabilities (foreseeable or unforeseeable), penalties, fines, forfeitures, demands, claims, causes of actions, suits, judgments, and costs and expenses incidental thereto (including, without limitation, amounts paid pursuant to investigations, defense or settlements, and reasonable attorney's fees), which any or all of them may hereafter suffer, incur, be responsible for, or pay out as a result of any violation or an alleged violation of any patent, trade secret, copyright, or other intellectual property right resulting, in whole or in part, from any act by the CM or anyone who performs work for the CM or for whose acts the CM may be liable in connection with the Project, regardless as to whether such violation or alleged violation occurs prior to, during or after the completion of the Project. The CM shall not be responsible for or be required to provide such indemnity or defense should such patent, trade secret, copyright, or other intellectual property right be called for by the Owner or the Designer in the Contract Documents, including any drawings or specifications.

Appears in 2 contracts

Sources: Architect Contract, Construction Management Agreement

PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS. 17.1. The CM shall secure all rights and pay all license fees, royalties, and costs arising from patents, trade secrets, copyrights, or other intellectual property rights that are in any way involved with the services or involved with or required for the services performed by or on behalf of the CM. The CM shall defend, indemnify, and save harmless the Owner and its present and future officers, employees, and agents from and against any and all liabilities (foreseeable or unforeseeable), penalties, fines, forfeitures, demands, claims, causes of actions, suits, judgments, and costs and expenses incidental thereto (including, without limitation, amounts paid pursuant to investigations, defense or settlements, and reasonable attorney's fees), which any or all of them may hereafter suffer, incur, be responsible for, or pay out as a result of any violation or an alleged violation of any patent, trade secret, copyright, or other intellectual property right resulting, in whole or in part, from any act by the CM or anyone who performs work for the CM or for whose acts the CM may be liable in connection with the any School Project, regardless as to whether such violation or alleged violation occurs prior to, during or after the completion of the applicable School Project. The CM shall not be responsible for or be required to provide such indemnity or defense should such patent, trade secret, copyright, or other intellectual property right be called for by the Owner or the Designer in the Contract Documents, including any drawings or specifications.

Appears in 1 contract

Sources: Architect Contract

PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS. 17.116.1. The CM shall secure all rights and pay all license fees, royalties, and costs arising from patents, trade secrets, copyrights, or other intellectual property rights that are in any way involved with the services or involved with or required for the services performed by or on behalf of the CM. The CM shall defend, indemnify, and save harmless the Owner and its present and future officers, employees, and agents from and against any and all liabilities (foreseeable or unforeseeable), penalties, fines, forfeitures, demands, claims, causes of actions, suits, judgments, and costs and expenses incidental thereto (including, without limitation, amounts paid pursuant to investigations, defense or settlements, and reasonable attorney's fees), which any or all of them may hereafter suffer, incur, be responsible for, or pay out as a result of any violation or an alleged violation of any patent, trade secret, copyright, or other intellectual property right resulting, in whole or in part, from any act by the CM or anyone who performs work for the CM or for whose acts the CM may be liable in connection with the Project, regardless as to whether such violation or alleged violation occurs prior to, during or after the completion of the Project. The CM shall not be responsible for or be required to provide such indemnity or defense should such patent, trade secret, copyright, or other intellectual property right be called for by the Owner or the Designer in the Contract Documents, including any drawings or specifications.

Appears in 1 contract

Sources: Construction Management Agreement