GAIL (India) Limited MECON LIMITED

ENGINEER-IN-CHARGE to secure the completion of thevarious portions of the work in general harmony.43 Patents and royalties: 43.1 The CONTRACTOR, if licensed under any patent coveringequipment, machinery, materials or compositions of matter to beused or supplied or methods and process to be practised oremployed in the performance of this CONTRACT, agrees to payall royalties and licence fees which may be due with respectthereto. If any equipment, machinery, materials, composition ofmatters, be used or supplied or methods and processes to bepractised or employed in the performance of this CONTRACT,iscovered by a patent under which the CONTRACTOR is notlicensed then the CONTRACTOR before supplying or using theequipment, machinery materials, composition method orprocesses shall obtain such licences and pay such royalties andlicence fees as may be necessary for performance of thisCONTRACT. In the event the CONTRACTOR fails to pay anysuch royalty or obtain any such licence, any suit for infringementof such patents which is brought against the CONTRACTOR orthe EMPLOYER as a result such failure will be defended by theCONTRACTOR at his own expense and the CONTRACTOR willpay any damages and costs awarded in such suit. TheCONTRACTOR shall promptly notify the EMPLOYER if theCONTRACTOR has acquired the knowledge of any plant underwhich a suit for infringement could be reasonably broughtbecause of the use by the EMPLOYER of any equipment,machinery, materials, process, methods to be suppliedhereunder. The CONTRACTOR agrees to and does herebygrant to EMPLOYER, together with the right to extend the sameto any of the subsidiaries of the EMPLOYER as irrevocable,royalty free licence to use in any country, any invention made bythe CONTRACTOR or his employee in or as result of theperformance of the WORK under the CONTRACT.43.2 All charges on account of royalty. toilage, rent, octroi terminal orsales tax and/or other duties or any other levy on materialsobtained for the work or temporary work or part thereof(excluding materials provided by the EMPLOYER) shall be borneby the CONTRACTOR.43.3 The CONTRACTOR shall not sell or otherwise dispose of orremove except for the purpose of this CONTRACT, the sand,stone, clay, ballast, earth, rock or other substances, or materialsobtained from any excavation made for the purpose of theWORK or any building or produce upon the site at the time ofdelivery of the possession thereof, but all such substances,materials, buildings and produce shall be the property of theEMPLOYER provided that the CONTRACTOR may with thepermission of the ENGINEER-IN-CHARGE, use the same for thepurpose of the work by payment of cost of the same at such arate as may be determined by the ENGINEER-IN- CHARGE.43.4 The EMPLOYER shall indemnify and save harmless theCONTRACTOR from any loss on account of claims againstCONTRACTOR for the contributory infringement of patent rightsarising out and based upon the claim that the use of theEMPLOYER of the process included in the design prepared bythe EMPLOYER and used in the operation of the plant infringeson any patent right. With respect to any subcontract entered into