13 Indemnification
Pioneer shall defend, indemnify, and hold harmless Supplier from all claims, costs, damages, judgments, and attorney’s fees resulting from or arising out of any alleged and/or actual infringement or other violation of any patents, patent rights, trademarks, trademark rights, trade names, trade name rights, copyrights, trade secrets, designs, proprietary rights and processes, or other IPR in connection with the performance by Supplier of its obligations under this Agreement. Supplier shall promptly notify Pioneer in writing of the initiation of any such claims. In the event of any litigation, suit or other proceedings relating to or concerning Intellectual Property rights, Supplier shall have the right to seek, and have Pioneer pay, for separate counsel representing the interests of Supplier. Further, any and all settlements regarding IPR shall be approved in writing by Supplier’s authorised director before such settlement can be reached.
Supplier shall defend, indemnify, and hold harmless Pioneer from all claims, costs, damages, judgments, and attorney’s fees resulting from or arising out of any alleged and/or actual infringement or other violation of Intellectual Property rights in connection with the performance by Supplier of its obligation under this Agreement (“Manufacture-Related IPR”). Pioneer shall promptly notify Supplier in writing of the initiation of any such claims. In the event of any litigation, suit or other proceedings relating to or concerning such Manufacturing-Related IPR, Pioneer shall permit Supplier to assume the defense thereof, and cooperate with Supplier with respect to such defense. Further, any and all settlements regarding such Manufacturing-Related IPR shall be approved in writing by an authorized representative of Pioneer. Responsibility of defend, indemnify should be same Pioneer?
The foregoing states the entire liability of the Parties to each other concerning infringement of IPR.