Seller's obligations under this paragraph will be fulfilled if Seller, at its option and expense: Payment by credit card, when permitted, is subject to credit card validation and authorization both at time of agreement and immediately prior to shipment. Seller reserves the right to suspend any further performance hereunder or otherwise in the event payment is not made when due. In the event Seller is obligated to defend such suit or proceeding, Seller will pay all costs and damages finally awarded or agreed upon by Seller that are directly related thereto. These general terms and conditions of sale are as in effect at the time of publication and are subject to change at any time. Intellectual Property Indemnity Except as excluded herein, Seller will defend any suit or proceeding brought against Buyer arising out of a claim that the design or construction of the Products sold or licensed hereunder by Seller infringes any patent, copyright or trademark granted or registered in the country of Seller's shipping destination, provided a Buyer promptly notifies Seller in writing of any such claim and any suit or proceeding, b at Seller's expense, Buyer gives Seller the sole right to defend, settle and control the defense of the suit or proceeding, c Buyer provides all necessary information and assistance for such defense or settlement, and d Buyer takes no position adverse to Seller in connection with such claim.
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