Exception to Obligations. Neither Party's obligations under this Section shall apply to the extent the infringement is caused by: (i) modification of the facilities or equipment (including software) by the indemnitee; (ii) use by the indemnitee of the facilities or equipment (including software) in combination with equipment or facilities (including software) not provided or authorized by the indemnitor, provided the facilities or equipment (including software) would not be infringing if used alone;
Appears in 4 contracts
Sources: Interconnection Adoption Agreement, Clec Agreement, Resale Agreement
Exception to Obligations. Neither Party's obligations under this Section shall apply to the extent the infringement is caused by: (i) modification of the facilities or equipment (including software) by the indemnitee; (ii) use by the indemnitee of the facilities or equipment (including software) in combination with equipment or facilities (including software) not provided or authorized by the indemnitor, provided the facilities or equipment (including software) would not be infringing if used alone;of
Appears in 2 contracts
Sources: Interconnection Agreement, Interconnection Agreement
Exception to Obligations. Neither Party's ’s obligations under this Section shall apply to the extent the infringement is caused by: (i) modification of the facilities or equipment (including software) by the indemnitee; (ii) use by the indemnitee of the facilities or equipment (including software) in combination with equipment or facilities (including software) not provided or authorized by the indemnitor, indemnitor provided the facilities or equipment (including software) would not be infringing if used alone;; (iii) conformance
Appears in 1 contract
Sources: Interconnection Agreement
Exception to Obligations. Neither Party's ’s obligations under this Section shall apply to the extent the infringement is caused by: (i) modification of the facilities or equipment (including software) by the indemnitee; (ii) use by the indemnitee of the facilities or equipment (including software) in combination with equipment or facilities (including software) not provided or authorized by the indemnitor, indemnitor provided the facilities or equipment (including software) would not be infringing if used alone;; (iii) conformance to specifications of the indemnitee which would necessarily result in
Appears in 1 contract
Sources: Interconnection Agreement