INTELLECTUAL PROPERTY INDEMNIFICATION. Seller shall indemnify, defend and hold Buyer harmless from all costs and expenses related to any suit, claim or proceeding brought against Buyer or its customers based on a claim that any article or apparatus, or any part thereof constituting goods or services furnished under this Order, as well as any device or process necessarily resulting from the use thereof, constitutes an infringement of any patent, copyright, trademark, trade secret or other intellectual properly right of any third party. Buyer shall notify Seller promptly of any such suit, claim or proceeding and give Seller authority, information, and assistance (at Seller’s expense) for the defense of same, and Seller shall pay all damages and costs awarded therein. Notwithstanding the foregoing, any settlement of such suit, claim or proceeding shall be subject to Buyer’s consent, such consent not to be unreasonably withheld. If use of said article, apparatus, part, device or process is enjoined, Seller shall, at its own expense and al its option, either procure for Buyer the right to continue using said article or apparatus, part, process or device, or replace the same with a non-infringing equivalent.

INTELLECTUAL PROPERTY INDEMNIFICATION. Seller shall indemnify, defenddefend, indemnify and hold harmless Buyer harmless from all costs and expenses related to any suit, claim or proceeding brought against Buyer or its customers to the extent based on a claim that any article or apparatus, or any part thereof constitutingSeller manufacturing process used to manufacture goods or services furnished under this Order, as well as any device or process necessarily resulting from the use thereof,hereunder (other than those specifically required by Buyer) constitutes # an infringement of any patent, copyright, trademark,copyright or trademark of any third party in any Covered Jurisdiction (as defined below), or # a misappropriation of the subject matter of any trade secret or other intellectual properlyproperty right of any third party.party in any Covered Jurisdiction . Buyer shall notifydefend, indemnify and hold Seller promptly ofharmless from all cost and expenses related to any such suit, claim or proceeding brought against Seller or its customers to the extent based on a claim that any design or specification provided by Buyer to Seller hereunder constitutes # an infringement of any patent, copyright or trademark of any third party in any Covered Jurisdiction, or # a misappropriation of the subject matter of any trade secret or other intellectual property right of any third party in any Covered Jurisdiction. For purposes of this Section 17, “Covered Jurisdiction” means the [...​...]. The indemnified party shall notify the indemnifying party promptly and give Seller authority, information, and assistance (at Seller’the indemnifying party’s expense) for the defense of same, and Sellerthe indemnifying party shall pay all damages and costs awarded therein. Notwithstanding the foregoing, any settlement of such suit, claim or proceeding shall be subject to Buyer’s consent, such consent not to be unreasonably withheld. If use of said article, apparatus, part, device or processthe goods is enjoined,enjoined as a result of an infringement for which Seller is responsible hereunder, Seller shall, at its own expense and al its option, either # procure for Buyer the right to continue using said articlethe goods, or apparatus, part, process# modify the goods so that they become non-infringing, or device, or# replace the samegoods with a non-infringing equivalent.goods. [...​...].