2-14.8 Indemnity

In accordance with Clause 4-1: General Terms and Conditions, paragraph h., Patent Indemnity, the supplier will indemnify (protect against damage, loss, or injury; insure) the Postal Service and its officers, employees, and agents against liability, including costs for actual or alleged direct or contributory infringement of, or inducement to infringe, any U.S. or foreign patent, trademark, or copyright, arising out of the performance of a contract, provided the supplier is reasonably notified of such claims and proceedings. In addition, Clause 8-4: Patent Indemnity, which may be used in place of paragraph h, requires the supplier to indemnify the Postal Service, its employees, and its agents against liability, including costs and fees, for patent infringement (or unauthorized use) arising from the manufacture, use, or delivery of supplies, the performance of service, the construction or alteration of real property, or the disposal of property by or for the Postal Service, if the supplies, service, or property (with or without relatively minor modifications) have been or are being offered for sale or use in the commercial marketplace by the supplier, except in certain situations. These situations and patent indemnity is further addressed in Clause 8-4: Patent Indemnity.

Indemnification by the supplier solely with respect to certain patents can be waived when these patents are listed in Clause 8-5: Waiver of Indemnity.