In view of the preceding paragraph, the contractor undertakes: 

- not to copy any such Software or other protected material without prior written authorisation from the contracting authority; 

- to use such Software or other protected material exclusively in the context of this framework contract; 

- to protect and indemnify the contr acting authority against all third-party claims or actions alleging a breach of their Intellectual property rights , or a use of such S oftware or other protected material in contravention with the present Article. 

IV.2.3.2. 

Pursuant to Article II.23 of the General Conditions and as regards the results or rights obtained in performance of the framework contract, the contractor undertakes to obtain written consent from the contracting authority prior to: 

- filing a trademark, patent or design application in relation with any of the results or rights obtained in performance of the framework contract in his own name or that of a third party; 

- claiming a copyright over the results or rights obtained in performance of the framework contract in his own name or of that of a third party; 

- allowing a third party to do such filings or claims. 

Failure to obtain permission from the contracting authority will entitle the contracting authority to seek damages against the contractor and will not prevent the contracting authority from protecting the rights assigned under the framework contract. 

IV.2.3.3. 

IV.2.3.4. 

IV.2.3.5. 

IV.2.3.6. 

The contractor declares that it is the rightful owner of the Intellectual property rights to all Products and/or their components delivered under this framework contract, and that it is entitled to assign or licence those rights in accordance with the terms of this framework contract. If those Intellectual property rights are the property of third Parties, the contractor guarantees that it has requested and obtained those third Parties’ written authorisation to grant to the contr acting author ity the assignment or licence of their Intellectual property rights to the extent as provided under this framework contract. The contractor shall be solely responsible for taking the necessary steps, under the laws and regulations in force to ensure the opposability to third Parties of the assignments or licences granted to the contracting authority by the contractor or by such third Parties. 

The contractor guarantees that none of the Products , Documentation or other protected material delivered, whether or not developed in execution of this framework contract, infringes any third party’s Intellectual property rights . 

Each party shall inform the other party of the existence or threat of any third party’s action or claim alleging an infringement of its Intellectual property rights by the contracting authority’s use of any Products , Documentation or other protected material delivered under this framework contract, provided such use is made in conformity with the terms of this framework contract. 

In the event of such a dispute or threat thereof, the contractor undertakes to conduct all litigation, arbitration or negotiations for settlement, in its own name as well as in the contracting authority’s name, at its own and sole expense. 

The contracting authority agrees to provide the contractor with all information and 

