Common use of Royalties, Patents and Copyrights Clause in Contracts

Royalties, Patents and Copyrights. The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts.

Royalties, Patents and Copyrights. The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications Specifications, or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patentpatent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for such the loss unless such the information is promptly furnished to the Architect. § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner(a) ARISING OUT OF CONTRACTOR’S OR ANY OF ITS SUBCONTRACTORS OR SUPPLIERS AT ALL LOWER TIERS, ArchitectPERFORMANCE OR FAILURE TO PERFORM HEREUNDER, Architect’s consultantsBY REASON OF BODILY INJURY, and agents and employees of any of them from and against claimsPROPERTY DAMAGE OR LOSS OF USE OF PROPERTY, damagesARISING OUT OF ANY NEGLIGENT ACT OR OMISSION, losses and expensesOR FAULT OF CONTRACTOR AND ITS SUBCONTRACTORS OR SUPPLIERS AT ALL LOWER TIERS; AND (b) NOTWITHSTANDING THE FOREGOING, including but not limited to attorneys’ feesARISING OUT OF BODILY INJURY TO, arising out of or resulting from performance of the WorkOR SICKNESS, provided that such claimDISEASE OR DEATH OF ANY AGENT, damageEMPLOYEE OR REPRESENTATIVE OF CONTRACTOR OR ANY OF ITS SUBCONTRACTORS OR SUPPLIERS AT ALL LOWER TIERS, loss or expense is attributable to bodily injuryARISING OUT OF ANY NEGLIGENT ACT OR OMISSION OR FAULT INCLUDING THE CONTRIBUTORY NEGLIGENCE OR FAULT OF ANY INDEMNITEE. THE COVERAGE OF ANY INSURANCE POLICY REQUIRED HEREIN OR ACTUALLY CARRIED BY CONTRACTOR SHALL NOT LIMIT THE EXTENT OF CONTRACTOR’S LIABILITY UNDER THE FOREGOING INDEMNITY. CONTRACTOR’S OBLIGATIONS UNDER THIS CONTRACT, sicknessAND SPECIFICALLY THIS PARAGRAPH, disease or deathSHALL SURVIVE THE TERMINATION OF THE CONTRACTOR FOR ANY REASON. IT IS THE INTENT THAT THIS PROVISION COMPLY WITH THE LAW CURRENT AS OF THE DATE OF THIS AGREEMENT AND TO THE EXTENT ANY PROVISION, or to injury to or destruction of tangible property (other than the Work itself)OBLIGATION OR REQUIREMENT DOES NOT CONFORM TO CURRENT LAW, but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunderIT SHALL NOT CAUSE THE PROVISION TO BE STRICKEN IN TOTAL BUT SHALL BE REFORMED ONLY TO THE MINIMUM EXTENT NECESSARY TO CONFORM TO CURRENT LAW. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18AN "INDEMNITEE" UNDER THIS PARAPGRAPH SHALL NOT INCLUDE THE ARCHITECT. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts.

Royalties, Patents and Copyrights. The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications Specifications, or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patentpatent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for such the loss unless such the information is promptly furnished to the Architect.. § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law law, the Contractor shall indemnify and hold harmless the Owner, its Trustees, its Board of Directors, officers, employees, consultants, Architect, Architect’s consultants, and agents and employees of any of them (the "Indemnitees") from and against claims, damages, losses losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions omissions, or negligence, of any degree, of the Contractor, a Subcontractor, anyone directly or indirectly employed by them them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. The Contractor’s indemnity obligations under this paragraph shall include, but not be limited to claims pertaining to bodily injury, sickness, disease or death, property damage, payment disputes, mechanic’s and materialman’s liens, breach of contract, tort or any other type of claim asserted against Owner or Indemnitees arising from the Work. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them them, or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts acts, or other employee benefit acts.

Royalties, Patents and Copyrights. The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications Specifications, or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patentpatent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for such the loss unless such the information is promptly furnished to the Architect. . § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law law, the Contractor shall indemnify on behalf of itself, its Subcontractors, its agents and anyone directly or indirectly employed by them, or anyone for whose acts they may be liable (all of said parties are herein sometimes collectively referred to as the "Indemnitors") shall, at its own expense, indemnify, defend (with counsel reasonably acceptable to Owner) save, and hold harmless the Owner, Architectand all its elected and appointed officials, Architect’s consultantsemployees and volunteers, boards, commissions, and/or authorities and board members, including employees and volunteers thereof, all entities related to the Owner, all principals of the Owner or its related entities, their respective employees, partners, agents and anyone else acting for or on behalf of Owner and its related entities, their respective partners, and agents and employees anyone else acting for or on behalf of any of them (all of said parties are herein collectively referred to as the "Indemnitees") from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only except to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunderIndemnitees. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts.

Royalties, Patents and Copyrights. The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications Specifications, or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patentpatent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for such the loss unless such the information is promptly furnished to the Architect. § 3.18.1 To the fullest extent permitted by law law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them them, or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts acts, or other employee benefit acts.