Exhibit-5-Patent-Indemnity-05-31-2005.pdf

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Klystron Repairs
Solicitation number
PR392326
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This document is an Exhibit 5 Patent Indemnity clause dated April 1984, referencing Federal Acquisition Regulation (FAR) 52.227-3. The document outlines the seller's obligation to indemnify the government against patent infringement liability arising from the manufacture, delivery, or performance of supplies, services, or construction work under a subcontract.

The indemnity provisions specify that the seller must be promptly informed of any patent infringement suits and given an opportunity to participate in the defense. The indemnity does not apply in specific circumstances, such as when infringement results from the government's specific written instructions, modifications made after delivery, or settlements unreasonably made without the seller's consent. The clause is designed to protect the government from potential patent-related legal risks while providing some limitations and conditions for the seller's indemnification responsibilities.

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Exhibit 5 - Patent Indemnity UT-B Contracts Div Apr 1984 ex5-apr84format2005

Exhibit 5 Ref: FAR 52.227-3

PATENT INDEMNITY (Apr 1984)

(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 .