AWS NATIONAL ACCOUNTS 1-2004 - Laserfiche WebLink

Home Browse Search

11. 12. respect to returned products except for loss or damage directly attributable to the negligence of the purchasing entity. Unless otherwise agreed upon by the purchasing entity, the purchasing entity will deliver returned products to the contractor's closest business location at the expense of the purchasing entity. C. Unless otherwise arranged between the purchasing entity and contractor, all shipments of products shall be shipped second day delivery by certified carrier. Wireleca Program Dmerip Linn A. Service will be provided by contractor in accordance with the AWS Wireless Services Program, Information Navigator and Extranet Advantage program descriptions, attached. B. The parties acknowledge and agree that the attached program descriptions may be modified by contractor, from time to time, with the prior approval of the agreement administrator. Such approval shall not be unreasonably withheld. Patent, Copyright, Trademark and Trade. Secret Tndemnifiration A. The contractor shall defend, at its own expense, the State of New Mexico, WSCA, participating entities and purchasing entities against any claim that any product or service provided under this agreement infringes any patent, copyright or trademark in the United States or Puerto Rico, and shall pay all costs, damages and attorneys' fees that a court finally awards as a result of any such claim. In addition, if any third party obtains a judgment against a purchasing entity based upon the contractor's trade secret infringement relating to any service provided under this agreement, the contractor agrees to reimburse the State for all costs, attorneys' fees and the amount of the judgment. To qualify for such defense and/or payment, the State of New Mexico, participating entity or purchasing entity shall: 1. give the contractor prompt written notice of any claim; 2. allow the contractor to control the defense or settlement of the claim; and 3. cooperate with the contractor in a reasonable way to facilitate the defense or settlement of the claim.