Patent or Other Type of Intellectual Under the authority of The Patent or other Property Indemnity sellers of 28 USC § 516, only the type of intellectual – products or services often provide that Attorney General, property Indemnity in the event of claim or litigation acting by and through clause remains in alleging infringement of patent rights the attorneys of the effect, but any asserted by some third party that the U.S. Department of undertaking to seller will indemnify the buyer, Justice, may represent "defend" the 2 provided that the buyer provide notice the U.S. Government in Government or any of the claim or litigation, and that the litigation. requirement that the seller assume control of the litigation seller control litigation and any proposed settlement. and any proposed settlement is to be deleted. General Indemnity sellers of See FAR 52.212-4(u) General Indemnity – products or services provide that in the clauses must be event of any litigation arising from the removed from the buyers use of the product or service License Agreement. 3 that the buyer will indemnify the seller's litigation costs and damages (if any). Arbitration of Disputes sellers of Federal agencies are Binding Arbitration – products or services provide that any not allowed to use clauses must be disputes with buyer must be resolved binding arbitration removed from the through binding arbitration without unless the head of the License Agreement. recourse to litigation in state or federal agency has 4 courts. promulgated guidance through administrative rulemaking on the use of binding arbitration. 5 U.S.C. § 575. At See
2 Patent or Other Type of Intellectual Property Indemnity – sellers of products or services often provide that in the event of claim or litigation alleging infringement of patent rights asserted by some third party that the seller will indemnify the buyer, provided that the buyer provide notice of the claim or litigation, and that the seller assume control of the litigation and any proposed settlement. Under the authority of 28 USC § 516, only the Attorney General, acting by and through the attorneys of the U.S. Department of Justice, may represent the U.S. Government in litigation. The Patent or other type of intellectual property Indemnity clause remains in effect, but any undertaking to "defend" the Government or any requirement that the seller control litigation and any proposed settlement is to be deleted. 3 General Indemnity – sellers of products or services provide that in the event of any litigation arising from the buyers use of the product or service that the buyer will indemnify the seller's litigation costs and damages (if any). See FAR 52.212-4(u) General Indemnity clauses must be removed from the License Agreement. 4 Arbitration of Disputes – sellers of products or services provide that any disputes with buyer must be resolved through binding arbitration without recourse to litigation in state or federal courts. Federal agencies are not allowed to use binding arbitration unless the head of the agency has promulgated guidance through administrative rulemaking on the use of binding arbitration. See 5 U.S.C. § 575. At Binding Arbitration clauses must be removed from the License Agreement.
FSSI_SmartBUY-MS_RFQ_FINAL.docx