Patent indemnity

Except only in cases of products not manufactured by Hypertherm or manufactured by a person other than Hypertherm not in strict conformity with Hypertherm’s specifications and in cases of designs, processes, formulae, or combinations not developed or purported to be developed by Hypertherm, Hypertherm will have the right to defend or settle, at its own expense, any suit or proceeding brought against you alleging that the use of the Hypertherm product, alone and not in combination with any other product not supplied by Hypertherm, infringes any patent of any third party. You shall notify Hypertherm promptly upon learning of any action or threatened action in connection with any such alleged infringement (and in any event no longer than fourteen (14) days after learning of any action or threat of action), and Hypertherm’s obligation to defend shall be conditioned upon Hypertherm’s sole control of, and the indemnified party’s cooperation and assistance in, the defense of the claim.