In case any third party raises an intellectual property claim against any of the parties regarding the OEM Products under this Agreement, the parties shall jointly respond to the claim utilizing each party’s proprietary resources including its own patents. However, TEKCORE shall not, in the course of performing its obligation under this Agreement, infringe, misappropriate, or otherwise make unlawful use of any technology (or the associated intellectual property rights) of any third party. TEKCORE shall be responsible for any third party claim of intellectual property rights caused by or arising out of its own infringement of third party’s intellectual property right except when the infringement is caused by SEMICON’s own fault (or mistake) or by a reason that SEMICON does not observe nor follow the direction of TEKCORE.