Frontier Airlines 2011 Annual Report Download - page 167

13 - PATENT AND COPYRIGHT INDEMNITY
13.1 Indemnity
13.1.1.1 Subject to the provisions of Clause 13.2.3, the Seller will indemnify the Buyer from and against any damages, costs and/or
expenses including legal costs (excluding damages, costs, expenses, loss of profits and other liabilities in respect of or resulting
from loss of use of the Aircraft) resulting from any infringement or claim of infringement by the Airframe (or any part or software
installed therein at Delivery) of:
(i) any British, French, German, Spanish or U.S. patent;
and
(ii) any patent issued under the laws of any other country in which the Buyer may lawfully operate the Aircraft, provided that:
(a) from the time of design of such Airframe, accessory, equipment and/or part and until infringement claims are
resolved, such country and the flag country of the Aircraft are each a party to the Chicago Convention on International
Civil Aviation of December 7, 1944, and are each fully entitled to all benefits of Article 27 thereof,
or in the alternative,
(b) from such time of design and until infringement claims are resolved, such country and the flag country of the Aircraft
are each a party to the International Convention for the Protection of Industrial Property of March 20, 1883 (“Paris
Convention”);
and
(iii) in respect of computer software installed on the Aircraft, any copyright, provided that the Seller’s obligation to indemnify will
be limited to infringements in countries which, at the time of infringement, are members of The Berne Union and recognize
computer software as a “work” under the Berne Convention.
13.1.2 Clause 13.1.1 will not apply to
(i) Buyer Furnished Equipment or Propulsion System; or
(ii) parts not the subject of a Supplier Product Support Agreement; or
(iii) software not developed or created by the Seller.
* Confidential