Common use of Defect Eliminated in Final Prospectus Clause in Contracts

Defect Eliminated in Final Prospectus. The foregoing ------------------------------------- indemnity agreements of the Company and Holders are subject to the condition that, insofar as they relate to any Violation made in a preliminary prospectus but eliminated or remedied in the amended prospectus on file with the SEC at the time the registration statement in question becomes effective or the amended prospectus filed with the SEC pursuant to SEC Rule 424(b) (the "Final Prospectus"), such indemnity agreement shall not inure to the benefit of any indemnified party if a copy of the Final Prospectus was furnished to the indemnified party and the indemnified party was required to, but did not, furnish the Final Prospectus to the person asserting the loss, liability, claim or damage at or prior to the time such action is required by the Securities Act.

Defect Eliminated in Final Prospectus. The foregoing indemnity ------------------------------------- indemnity agreements of Keynote and the Company and Holders are subject to the condition that, insofar as they relate to any Violation made in a preliminary prospectus but eliminated or remedied in the amended or supplemented prospectus on file with the SEC and effective at the time the sale of Registrable Securities under such registration statement in question becomes effective or the amended prospectus filed with the SEC pursuant to SEC Rule 424(b) occurs (the "Final Amended Prospectus"), such indemnity agreement shall not inure to the benefit of any indemnified party person if a copy of the Final Amended Prospectus was furnished to the indemnified party and the indemnified party was required to, but did not, furnish the Final Prospectus not furnished to the person asserting the loss, liability, claim or damage in the action giving rise to indemnity claims under this Section 12.9, at or prior to the time such action is required by the Securities Act.

Defect Eliminated in Final Prospectus. The foregoing ------------------------------------- indemnity agreements of Buyer and the Company and Holders Holder are subject to the condition that, insofar as they relate to any Violation made in a preliminary prospectus but eliminated or remedied in the amended or supplemented prospectus on file with the SEC and effective at the time the sale of Registrable Securities under such registration statement in question becomes effective or the amended prospectus filed with the SEC pursuant to SEC Rule 424(b) occurs (the "Final “Amended Prospectus"”), such indemnity agreement shall not inure to the benefit of any indemnified party person if a copy of the Final Amended Prospectus was furnished to the indemnified party and the indemnified party was required to, but did not, furnish the Final Prospectus not furnished to the person asserting the loss, liability, claim or damage in the action giving rise to indemnity claims under this Section 11, at or prior to the time such action is required by the Securities Act.

Defect Eliminated in Final Prospectus. The foregoing ------------------------------------- indemnity agreements of Extreme and the Company and Holders are subject to the condition that, insofar as they relate to any Violation made in a preliminary prospectus but eliminated or remedied in the amended or supplemented prospectus on file with the SEC and effective at the time the sale of Registrable Securities under such registration statement in question becomes effective or the amended prospectus filed with the SEC pursuant to SEC Rule 424(b) occurs (the "Final Amended Prospectus"), such indemnity ------------------ agreement shall not inure to the benefit of any indemnified party person if a copy of the Final Amended Prospectus was furnished to the indemnified party and the indemnified party was required to, but did not, furnish the Final Prospectus not furnished to the person asserting the loss, liability, claim or damage in the action giving rise to indemnity claims under this Section 1.9, at or prior to the time such action is required by the Securities Act.

Defect Eliminated in Final Prospectus. The foregoing ------------------------------------- indemnity agreements of VeriSign and the Company and Holders are subject to the condition that, insofar as they relate to any Violation made in a preliminary prospectus but eliminated or remedied in the amended or supplemented prospectus on file with the SEC and effective at the time the sale of Registrable Securities under such registration statement in question becomes effective or the amended prospectus filed with the SEC pursuant to SEC Rule 424(b) occurs (the "Final ProspectusAMENDED PROSPECTUS"), such indemnity agreement shall not inure to the benefit of any indemnified party person if a copy of the Final Amended Prospectus was furnished to the indemnified party and the indemnified party was required to, but did not, furnish the Final Prospectus not furnished to the person asserting the loss, liability, claim or damage damage, at or prior to the time such action is required by the Securities Act.

Defect Eliminated in Final Prospectus. The foregoing indemnity ------------------------------------- indemnity agreements of At Home and the Company and Holders are subject to the condition that, insofar as they relate to any Violation made in a preliminary prospectus but eliminated or remedied in the amended or supplemented prospectus on file with the SEC and effective at the time the sale of Registrable Securities under such registration statement in question becomes effective or the amended prospectus filed with the SEC pursuant to SEC Rule 424(b) occurs (the "Final Amended Prospectus"), such indemnity agreement shall not inure to the benefit of any indemnified party person if a copy of the Final Amended Prospectus was furnished to the indemnified party and the indemnified party was required to, but did not, furnish the Final Prospectus not furnished to the person asserting the loss, liability, claim or damage in the action giving rise to indemnity claims under this Section 13.9, at or prior to the time such action is required by the Securities 1933 Act.

Defect Eliminated in Final Prospectus. The foregoing indemnity ------------------------------------- indemnity agreements of Excite@Home and the Company and Holders are subject to the condition that, insofar as they relate to any Violation made in a preliminary prospectus but eliminated or remedied in the amended or supplemented prospectus on file with the SEC and effective at the time the sale of Registrable Securities under such registration statement in question becomes effective or the amended prospectus filed with the SEC pursuant to SEC Rule 424(b) occurs (the "Final Amended Prospectus"), such indemnity agreement shall not inure to the benefit of any indemnified party person if a copy of the Final Amended Prospectus was furnished to the indemnified party and the indemnified party was required to, but did not, furnish the Final Prospectus not furnished to the person asserting the loss, liability, claim or damage in the action giving rise to indemnity claims under this Section 12.9, at or prior to the time such action is required by the Securities Act.

Defect Eliminated in Final Prospectus. The foregoing ------------------------------------- indemnity agreements of Parent and the Company and Holders are subject to the condition that, insofar as they relate to any Violation made in a preliminary prospectus but eliminated or remedied in the amended or supplemented prospectus on file with the SEC and effective at the time the sale of Registrable Securities under such registration statement in question becomes effective or the amended prospectus filed with the SEC pursuant to SEC Rule 424(b) occurs (the "Final “Amended Prospectus"”), such indemnity agreement shall not inure to the benefit of any indemnified party person if a copy of the Final Amended Prospectus was furnished to the indemnified party and the indemnified party was required to, but did not, furnish the Final Prospectus not furnished to the person asserting the loss, liability, claim or damage in the action giving rise to indemnity claims under this Section 12.9, at or prior to the time such action is required by the Securities Act.