All,
In private communication with one community member, a concern was
expressed that, if the contract was terminated under section 3(b)
(termination in case of a legal claim), the termination of the contract
would also end the duty to indemnify. That was not Red Hat's intention,
so I have therefore added a "Survival" paragraph to the agreement. New
paragraph 9 says: "Survival. The parties’ rights and obligations, which
by their nature would continue beyond the termination of this Agreement,
including, but not limited to, obligations with respect to
indemnification and actions affecting the validity of the mark, shall
survive such termination." This is a catch-all way to ensure that all
the duties under the contract that, by their nature, should continue
after the contract terminates will continue. "Indemnification" is
mentioned as a specific example, so there will be no doubt that the duty
to indemnify for events that occurred during the contract would continue
after termination. The new paragraph has been added to the wiki version
of the license for you to see.
Pam
--
Pamela S. Chestek
Senior IP Attorney
Red Hat, Inc.
1801 Varsity Drive
Raleigh, NC 27606
919-754-4473
pchestek@xxxxxxxxxx
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