Master Alliance Provisions Guide (MAPGuide)

U.S. Department of Defense – Inovio, COVID-19 Vaccine Delivery Device, Other Transaction Prototype Agreement

  • Liability | Indemnification & liability

ARTICLE 11. Intellectual Property Rights


C. Patent Indemnity. The Awardee shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of this Agreement, provided the Awardee is reasonably notified of such claims and proceedings.

ARTICLE 16. Miscellaneous Clauses


C. Limitation of Liability. In no event will either Party be liable to the other Party or any third party claiming through such Party for any indirect, incidental, consequential or punitive damages, or claims for lost profits, arising under or relating to this Agreement, whether based in contract, tort or otherwise, even if the other Party has been advised of the possibility of such damages.