English to German Law/Patents Law: Contract(s)

15. Intellectual Property Rights

The SUPPLIER represents and warrants that the materials and devices to be used on or incorporated in the Works shall be free of any rightful claim from any third
party for Intellectual Property Rights. If any allegation or claim should be made that the manufacture, use, sale, lease or other disposition of the Works constitutes an infringement of Intellectual Property Rights, the SUPPLIER shall indemnify ABC against any losses, damages, costs or expenses whatsoever and howsoever caused arising out of such allegation or claim and upon request from ABC the
SUPPLIER shall undertake to defend such allegation or claim at the SUPPLIER'S own cost and expense. The provisions shall survive the expiry and/or any
termination of the Purchase Contract.

The contract Goods for which ABC has paid one-off cost including ***design, tooling and fixture and module*** shall not be sold to other customers without ABC's
permission. The tooling, fixture and module of contract Goods shall be owned by ABC and shall not be used for other customers.The list of such tooling, fixture etc
must be agreed upon between the parties.

The SUPPLIER shall be responsible to maintain all Tooling and fixtures in a serviceable and useable condition until such Tooling or fixture is delivered to ABC (or ABC take them away) or disposed of in accordance with the instructions of ABC. No item of Tooling or fixtures may be disposed of or modified without the prior written agreement of ABC. The SUPPLIER shall maintain and make available for inspection by ABC an up to date register of all Tooling and fixtures.