Attachment F - Exhibit-5-Patent-Indemnity-BSD-CS-2010-2025.10.13.pdf
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- Attached to
- Dilution Refrigerator Systems
- Solicitation number
- PR452359
- Issued by
-
Department of Energy
About this file
This document is a Patent Indemnity clause (Exhibit 5, referenced to FAR 52.227-3) that establishes the Seller's obligations regarding patent infringement liability under a subcontract.
The Seller is required to indemnify the Government, its officers, agents, and employees against liability, including costs, for any infringement of United States patents arising from the manufacture or delivery of supplies, performance of services, or construction, alteration, modification, or repair of real property under the subcontract, as well as from the Government's use or disposal of such supplies or construction work. The indemnity does not apply unless the Government notifies the Seller of any infringement claim as soon as practicable and provides the Seller an opportunity to participate in the defense. Three specific exceptions exclude the Seller's indemnification obligations: (1) infringement resulting from the Company's specific written instructions directing changes to supplies, materials, equipment, or manner of performance; (2) infringement resulting from additions to or changes in supplies, components, or construction work made after delivery or performance; and (3) claimed infringement that is unreasonably settled without the Seller's consent, unless required by final court decree.
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Text version
October 13, 2025
BSD-CS-2010
Exhibit 5 Ref: FAR 52.227-3
PATENT INDEMNITY
(a) The Seller shall indemnify the Government and its officers, agents, and employees against liability, including costs, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order under 35 U.S.C. 181) arising out of the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property (hereinafter referred to as (“construction work”) under this subcontract, or out of the use or disposal by or for the account of the Government of such supplies or construction work.
(b) This indemnity shall not apply unless the Seller shall have been informed as soon as practicable by the Government of the suit or action alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. Further, this indemnity shall not apply to --
(1) an infringement resulting from compliance with specific written instructions of the Company directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner of performance of the subcontract not normally used by the Seller,
(2) an infringement resulting from addition to or change in supplies or components furnished or construction work performed that was made subsequent to delivery or performance, or
(3) a claimed infringement that is unreasonably settled without the consent of the Seller, unless required by final decree of a court of competent jurisdiction.
File details come from the government source that posted it. Updated .