Common use of Indemnity/Liability Clause in Contracts

Indemnity/Liability. You shall defend, indemnify, and hold harmless RIM, the RIM Group of Companies, RIM's affiliates, suppliers, successors, agents, authorised distributors and assigns and each of their directors, officers, employees and independent contractors (each a "RIM Indemnified Party") from any claims, damages, losses, costs or expenses (including, without limitation, reasonable lawyers' fees and costs) incurred by a RIM Indemnified Party arising from: (a) infringement of patents or other intellectual property or proprietary rights arising from combining with or using any device (other than a Handheld Product), system or service in connection with Your BlackBerry Solution or any portion thereof; (b) damages arising from Your breach of any of the following Sections of Agreement: "Desktop Cryptography Support" (Section 6), "Use of Your BlackBerry Solution" (Section 3), "Software and Documentation License" (Section 2), "Required Third Party Items" (Section 4(a)), "Airtime Services" (Section 4(b)), "Required Third Party Services" (Section 4(c), "Intellectual Property" (Section 7), "Export, Import and Use Restrictions and U.S. Government Licenses" (Section 9), "Confidentiality and No Reverse Engineering" (Section 11); (c) any injury, death or property damage arising from Your or Your Authorised Users' negligence or misconduct in connection with Your or Your Authorised Users' use of Your BlackBerry Solution or any portion thereof; or (d) claims made by third parties against RIM arising from or related to Your or Your Authorised Users' use of the Software or Your BlackBerry Solution or any portion thereof (other than such claims that arise solely from the use of the RIM Product, Software and/or the Service contemplated by and strictly in accordance with the terms of this Agreement and the Documentation which specifically pertains to such version of the Software and/or RIM Products). No remedy herein conferred upon RIM is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative.

Indemnity/Liability. You shall defend, indemnify, 15.1 The Company relies upon the Provider exercising the standard of care set out in Clause 9 in the performance of the Flexibility Services and hold harmless RIM, their obligations hereunder and upon the RIM Group accuracy of Companies, RIM's affiliates, suppliers, successors, agents, authorised distributors all representations and assigns statements made and each of their directors, officers, employees and independent contractors (each a "RIM Indemnified Party") from any claims, damages, losses, costs or expenses (including, without limitation, reasonable lawyers' fees and costs) incurred advice given by a RIM Indemnified Party arising from: (a) infringement of patents or other intellectual property or proprietary rights arising from combining with or using any device (other than a Handheld Product), system or service the Provider in connection with Your BlackBerry Solution this Agreement. 15.2 Subject to Clause 15.4 the Provider shall indemnify the Company against all Loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or any portion thereof; (b) damages arising from Your suffered by the Company as a result of: 15.2.1 the Provider’s breach of this Agreement; 15.2.2 any negligence or reckless act or omission committed by the Provider in the course of providing the Flexibility Services; 15.2.3 Loss or damage to any property (including property of the following Sections of Agreement: "Desktop Cryptography Support" (Section 6), "Use of Your BlackBerry Solution" (Section 3), "Software and Documentation License" (Section 2), "Required Third Party Items" (Section 4(a)), "Airtime Services" (Section 4(b)), "Required Third Party Services" (Section 4(c), "Intellectual Property" (Section 7), "Export, Import and Use Restrictions and U.S. Government Licenses" (Section 9), "Confidentiality and No Reverse Engineering" (Section 11Company); (c) or 15.2.4 all related actions, suits, claims, demands, costs, charges or expenses to the extent that the same is caused by any injurynegligent act or omission or breach of statutory duty, death regulation or property damage arising from Your by-law by the Provider, its sub-consultants or Your Authorised Users' negligence their respective servants or misconduct agents in connection with Your this Agreement. 15.3 Subject to Clause 15.4 the Company shall be responsible for the Provider in respect of liability for personal injury to or Your Authorised Users' use death of Your BlackBerry Solution any person to the extent that the same is caused by any negligent act or omission or breach of statutory duty by the Company, his employees or their respective agents in connection with this Agreement. 15.4 Notwithstanding any portion thereof; other provision in this Agreement, the aggregate total liability of either Party to the other Party under or (d) claims made by third parties against RIM arising from or related to Your or Your Authorised Users' use of the Software or Your BlackBerry Solution or any portion thereof (other than such claims that arise solely from the use of the RIM Product, Software and/or the Service contemplated by and strictly in accordance connection with the terms of this Agreement and whether in contract tort or delict or howsoever arising shall from time to time be limited to the Documentation which specifically pertains aggregate total charges payable or paid to the Provider under this Agreement. This Clause shall not limit or exclude either Party’s liability: 15.4.1 in the case of fraud, misrepresentation or wilful misconduct; 15.4.2 in the case of death or personal injury; 15.4.3 in the case of breach of statutory duty; or 15.4.4 where the Provider has invalidated such version of insurance referred to in Clause 8 or has not complied with such insurance policies. 15.5 Notwithstanding anything to the Software and/or RIM Products). No remedy herein conferred upon RIM is intended contrary neither Party shall have any liability to be, nor shall it be construed to be, exclusive the other Party under this Agreement for any indirect or consequential loss of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulativekind howsoever caused.

Indemnity/Liability. You shall defend, indemnify, and hold harmless RIM, the RIM Group of Companies, RIM's affiliates, suppliers, successors, agents, authorised distributors and assigns and each of their directors, officers, employees and independent contractors (each a "RIM Indemnified Party") from any claims, damages, losses, costs or expenses (including, without limitation, reasonable lawyers' ’ fees and costs) incurred by a RIM Indemnified Party arising from: (a) infringement of patents or other intellectual property or proprietary rights arising from combining with or using any device (other than a Handheld Product), system or service in connection with Your BlackBerry Solution or any portion thereof; (b) damages arising from Your breach of any of the following Sections of Agreement: "Desktop Cryptography Support" (Section 6), "Use of Your BlackBerry Solution" (Section 3), "Software and Documentation License" (Section 2), "Required Third Party Items" (Section 4(a)), "Airtime Services" (Section 4(b)), "Required Third Party Services" (Section 4(c), "Intellectual Property" (Section 7), "Export, Import and Use Restrictions and U.S. Government Licenses" (Section 9), "Confidentiality and No Reverse Engineering" (Section 11); (c) any injury, death or property damage arising from Your or Your Authorised Users' negligence or misconduct in connection with Your or Your Authorised Users' use of Your BlackBerry Solution or any portion thereof; or (d) claims made by third parties against RIM arising from or related to Your or Your Authorised Users' use of the Software or Your BlackBerry Solution or any portion thereof (other than such claims that arise solely from the use of the RIM Product, Software and/or the Service contemplated by and strictly in accordance with the terms of this Agreement and the Documentation which specifically pertains to such version of the Software and/or RIM Products). No remedy herein conferred upon RIM is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative.

Indemnity/Liability. You shall agree to defend, indemnify, and hold harmless RIMProvo Craft, the RIM Group of CompaniesProvo Craft’s licensors, RIM's affiliates, suppliers, successors, assigns, agents, authorised and authorized distributors and assigns and each of their directors, officers, employees and independent contractors (each a "RIM an “Indemnified Party"”) from any claims, damages, losses, costs or expenses (including, without limitation, reasonable lawyers' legal fees and costs) incurred by a RIM an Indemnified Party arising fromin connection with all claims, suits, judgments and causes of action: (ai) for infringement of patents or other intellectual property or proprietary rights arising from combining with or using any device (other than a Handheld ProductCRICUT GYPSY™ System), system or service in connection with Your BlackBerry Solution CRICUT GYPSY™ System, Software, Cartridges and/or any Third Party Component or any portion thereof; (bii) for damages arising from Your the breach of any of the following Sections of this Agreement: "Desktop Cryptography Support" (Section 6), "Use of Your BlackBerry Solution" (Section 3), "Software and Documentation License" (Section 2), "Required Third Party Items" (Section 4(a)), "Airtime Services" (Section 4(b)), "Required Third Party Services" (Section 4(c), "Intellectual Property" (Section 7), "Export, Import and Use Restrictions and U.S. Government Licenses" (Section 9), "Confidentiality and No Reverse Engineering" (Section 11); (ciii) for any injury, death or property damage arising from Your or Your Authorised Users' users’ negligence or misconduct in connection with Your or Your Authorised Users' users’ use of Your BlackBerry Solution CRICUT GYPSY™ System, Software, Cartridges, and/or Third Party Components or any portion thereof; or (div) for claims made by third parties persons against RIM Provo Craft arising from or related to Your or Your Authorised Users' users’ use of the Software or Your BlackBerry Solution Third CRICUT GYPSY™ System, Software, Cartridges, Third Party Components or any portion thereof (other than such claims that arise solely from the use of the RIM ProductCRICUT GYPSY™ System, Software Software, Cartridges, and/or the Service contemplated by and Third Party Components strictly in accordance with the terms of this Agreement and the Documentation which specifically pertains to such version of the Software CRICUT GYPSY™ System, Software, Cartridges, and/or RIM ProductsThird Party Components). No remedy herein conferred upon RIM Provo Craft is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative.

Indemnity/Liability. You shall defend, indemnify, and hold harmless RIMCGI, the RIM Group of Companies, RIMCGI's affiliateslicensors, suppliers, successors, agentsaffiliates, authorised distributors agents and assigns and each of their directors, officers, employees and independent contractors (each a "RIM CGI Indemnified Party") from any claims, damages, losses, costs or expenses (including, including without limitation, reasonable lawyers' limitation attorney fees and costs) incurred by a RIM CGI Indemnified Party arising from: in connection with all claims, suits, judgments and causes of action (ai) for infringement of patents or other intellectual property or proprietary rights arising from combining with or using any device (other than a Handheld Product)device, system or service in connection with Your BlackBerry Solution or any portion thereof; the Software, (bii) for damages arising from Your breach of any Sections 3, 4, 5, 6, 12, 13, 14 and 15 herein, (iii) for libel, slander, defamation or infringement of the following Sections of Agreement: "Desktop Cryptography Support" copyright or other intellectual property or proprietary right with respect to material transmitted by You (Section 6), "Use of Your BlackBerry Solution" (Section 3), "Software and Documentation License" (Section 2), "Required Third Party Items" (Section 4(a)), "Airtime Services" (Section 4(b)), "Required Third Party Services" (Section 4(c), "Intellectual Property" (Section 7), "Export, Import and Use Restrictions and U.S. Government Licenses" (Section 9), "Confidentiality and No Reverse Engineering" (Section 11); (civ) for any injury, death or property damage arising from Your or Your Authorised Users' negligence or misconduct in connection with Your the presence, use or Your Authorised Users' non-use of Your BlackBerry Solution or any portion thereof; of the Software (other than such damage to person or property (excluding data) that directly arises from the use of the Software strictly in accordance with the documentation and user manuals provided by CGI which specifically pertains to such Software) or (dv) for claims made by third parties persons against RIM CGI arising from or related to Your or Your Authorised Users' use of the Software or Your BlackBerry Solution or any portion thereof (other than such claims that arise solely from the use of the RIM Product, Software and/or the Service contemplated by and strictly in accordance with the terms of this Agreement documentation and user manuals provided by CGI with the Documentation Software which specifically pertains to such version of the Software and/or RIM ProductsProducts or Software). No remedy herein conferred upon RIM CGI is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative.. In the event of the termination of this Agreement for Your breach, You shall pay to CGI all attorney fees, collection fees, and related expenses, expended or incurred by CGI in the enforcement of any right or privilege hereunder (including, but not limited to, telephone, freight, express and postal charges, expenses of paid investigators and reasonable compensation for time of CGI's representatives). =====================================================

Indemnity/Liability. You shall defend, indemnify, and hold harmless RIME=mz2 Inc., the RIM Group of Companies, RIM's affiliates, E=mz2 Inc.’s suppliers, successors, agentsaffiliates, authorised distributors agents and assigns and each of their directors, officers, employees and independent contractors (each a "RIM “E=mz2 Inc. Indemnified Party"”) from any claims, damages, losses, costs or expenses (including, including without limitation, reasonable lawyers' limitation attorney fees and costs) incurred by a RIM E=mz2 Inc. Indemnified Party arising from: in connection with all claims, suits, judgments and causes of action (ai) for infringement of patents or other intellectual property or proprietary rights arising from combining with or using any device (other than a Handheld Product)device, system or service in connection with Your BlackBerry Solution the Products, Software or any portion thereof; , (bii) for damages arising from Your breach of any Sections 4, 5, 7, 8 or 9 herein, (iii) for libel, slander, defamation or infringement of copyright or other intellectual property or proprietary right with respect to material transmitted by You using the following Sections of Agreement: "Desktop Cryptography Support" Product (Section 6), "Use of Your BlackBerry Solution" (Section 3), "Software and Documentation License" (Section 2), "Required Third Party Items" (Section 4(a)), "Airtime Services" (Section 4(b)), "Required Third Party Services" (Section 4(c), "Intellectual Property" (Section 7), "Export, Import and Use Restrictions and U.S. Government Licenses" (Section 9), "Confidentiality and No Reverse Engineering" (Section 11); (civ) for any injury, death or property damage arising from Your or Your Authorised Users' negligence or misconduct in connection with Your the presence, use or Your Authorised Users' non-use of Your BlackBerry Solution or any portion thereof; of the Products or Software (other than such damage to person or property (excluding data) that directly arises from the use of the Products and/or Software strictly in accordance with the documentation and user manuals provided by E=mz2 Inc. with the Products and Software which specifically pertains to such Products or Software) or (dv) for claims made by third parties persons against RIM E=mz2 Inc. arising from or related to Your or Your Authorised Users' use of the Software or Your BlackBerry Solution the Products or any portion thereof (other than such claims that arise solely from the use of the RIM Product, Products and/or Software and/or the Service contemplated by and strictly in accordance with the terms of this Agreement documentation and support materials provided by E=mz2 Inc. with the Documentation Products and Software which specifically pertains to such version of the Software and/or RIM ProductsProducts or Software). No remedy herein conferred upon RIM E=mz2 Inc. is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative. In the event of the termination of this Agreement pursuant to Section 11, You shall pay to E=mz2 Inc. all attorney fees, collection fees, and related expenses, expended or incurred by E=mz2 Inc. in the enforcement of any right or privilege hereunder (including, but not limited to, telephone, freight, express and postal charges, expenses of paid investigators and reasonable compensation for time of E=mz2’s representatives).

Indemnity/Liability. You shall agree to defend, indemnify, and hold harmless RIMProvo Craft, the RIM Group of CompaniesProvo Craft’s licensors, RIM's affiliates, suppliers, successors, assigns, agents, authorised and authorized distributors and assigns and each of their directors, officers, employees and independent contractors (each a "RIM an “Indemnified Party"”) from any claims, damages, losses, costs or expenses (including, without limitation, reasonable lawyers' legal fees and costs) incurred by a RIM an Indemnified Party arising fromin connection with all claims, suits, judgments and causes of action: (ai) for infringement of patents or other intellectual property or proprietary rights arising from combining with or using any device (other than a Handheld ProductCRICUT IMAGINE™ System), system or service in connection with Your BlackBerry Solution CRICUT IMAGINE™ System, Software, Cartridges and/or any Third Party Component or any portion thereof; (bii) for damages arising from Your the breach of any of the following Sections of this Agreement: "Desktop Cryptography Support" (Section 6), "Use of Your BlackBerry Solution" (Section 3), "Software and Documentation License" (Section 2), "Required Third Party Items" (Section 4(a)), "Airtime Services" (Section 4(b)), "Required Third Party Services" (Section 4(c), "Intellectual Property" (Section 7), "Export, Import and Use Restrictions and U.S. Government Licenses" (Section 9), "Confidentiality and No Reverse Engineering" (Section 11); (ciii) for any injury, death or property damage arising from Your or Your Authorised Users' users’ negligence or misconduct in connection with Your or Your Authorised Users' users’ use of Your BlackBerry Solution CRICUT IMAGINE™ System, Software, Cartridges, and/or Third Party Components or any portion thereof; or (div) for claims made by third parties persons against RIM Provo Craft arising from or related to Your or Your Authorised Users' users’ use of the Software or Your BlackBerry Solution Third CRICUT IMAGINE™ System, Software, Cartridges, Third Party Components or any portion thereof (other than such claims that arise solely from the use of the RIM ProductCRICUT IMAGINE™ System, Software Software, Cartridges, and/or the Service contemplated by and Third Party Components strictly in accordance with the terms of this Agreement and the Documentation which specifically pertains to such version of the Software CRICUT IMAGINE™ System, Software, Cartridges, and/or RIM ProductsThird Party Components). No remedy herein conferred upon RIM Provo Craft is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative.