Common use of Controlling Provision Clause in Contracts

Controlling Provision. OpNext Japan, the Clarity Parties and Hitachi acknowledge and agree that the indemnification obligations of Hitachi pursuant to this Section 11 supersede and preempt in their entirety the indemnification obligations of Hitachi contained in Section 24(d) of the Stock Purchase Agreement to the extent such indemnification obligations cover the same subject matter as the subject matter hereof.