riven machine shaft insertion side for hollow sha B3-HV12A Bevel-helical gearboxes B3

Flender/Flender Gear Units/Bevel-helical gearboxes B3

r defective Services, including any statutory or implied warranties of merchantability, itness for particular purpose, or otherwise is hereby expressly disclaimed and excluded from this Contract to the fullest extent permitted by applicable law. 9. Intellectual Property 9.1. If third party asserts legitimate claim against the Customer that the Services infringe an intellectual and industrial property right (IPR) owned by such third party, then subject to the following provisions of this Clause 9, Flender shall, at its option and expense, either () obtain right for the Customer to use the relevant IPR in connection with the Services; (ii) modify or re -perform the Services so as not to infringe the relevant IPR; or (iii) replace the infringing portion of the Services. If, in the opinion of Flender, none of the foregoing is commercially reasonable, Flender will provide refund of the fees paid for the Services in an amount reasonably proportionate to the portion of the Services which may not be utilized due to the IPR nfringement. 9.2. Flenders obligations in Clause 9.1 are subject to the following conditions: () the Customer has promptly notified Flender in writing of the third partys claim and furnished Flender with copy of all communications, notices, or other documents relating to the alleged infringement, (ii) the Customer does not concede infringement and provides Flender with the authority, information, and assistance reasonably required by Flender to defend or settle such claim, and (iii) the Customer gives Flender sole control of the defense (including the right to select counsel) and the sole right to settle such claim. 9.3. If as result of an infringement claim the Customer ceases to use all or any portion of the Service results or deliverable, it shall provide written notice to the third party alleging infringement that its voluntary cessation of use is not and shall not deemed an admis