Article | REF: AG3254 V1

Engineering contracts - Appendix 1: Administrative provisions

Author: Gilles CASTAN

Publication date: January 10, 2005

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7. Intellectual and Industrial Property

  • Protection of the Customer: if a court or arbitrator definitively considers that the performance of the Services by the Contractor infringes the rights of third parties (in particular by infringing one or more industrial and intellectual property rights) or if it appears likely that the Services will be the subject of such legal action following a summons or claim issued by a third party, the Contractor will have the choice between one of the following solutions:

    • obtain, at its own expense, the right for the Customer to continue to use the results of the Services,

    • replace the results of the incriminated Services with equivalent services that are not likely to infringe the rights of third parties,

    • modify the Services in question so that they no longer...

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