Common use of WARRANTIES, INDEMNIFICATION AND SUPPORT Clause in Contracts

WARRANTIES, INDEMNIFICATION AND SUPPORT. Sun shall have the exclusive right to provide and will provide all warranty and support services in connection with sales and licenses (other than pursuant to existing contracts as set forth in Section 4.2.2) by the collaborative sales force and by the dedicated AOL sales force of the Product Suites, including warranty and support services for supported Systems Platforms other than the Sun Systems Platform, which may include Systems Platforms such as Windows NT, HP-UX, Linux and IBM AIX. Sun will fulfill warranty and support obligations in connection with all sales and licenses by AOL arising from sales by the collaborative sales force and by the dedicated AOL sales force of the Product Suites (other than pursuant to existing contracts as set forth in Section 4.2.2). In consideration of Sun's providing such support services, AOL will pay to Sun the sum of One Million Dollars ($1,000,000) per month during the term of this Agreement. In addition, Sun will, at the request of AOL, fulfill warranty and support obligations for existing contracts as set forth in Section 4.2.2 ***. Such support services shall include frontline technical support, including call receipt, call screening, installation assistance, problem identification and diagnosis, and other standard support services customarily provided by Sun's twenty-four hour per day, seven day per week support center. Backline escalation support shall be provided by the collaborative development team. Sun shall defend, indemnify and hold AOL harmless from all third party claims and allegations relating to alleged breach or failure to provide support services or breach of support service obligations under Sun's standard maintenance contracts under which it is obligated to support the Product Suites. AOL will promptly notify Sun in writing of any such claim or allegation giving Sun the sole right of defense and settlement, and will assist Sun, at Sun's expense (except for the value AOL CONFIDENTIAL AND PROPRIETARY Final SUN CONFIDENTIAL AND PROPRIETARY of time of AOL employees), to defend or settle such claim or allegation. AOL shall have the right to employ separate counsel and to participate in the defense of such claim at its own cost. Sun shall not be liable for litigation expenses of or settlements by any third parties unless Sun agrees in writing.

WARRANTIES, INDEMNIFICATION AND SUPPORT. Sun shall have the exclusive right to provide and will provide all warranty and support services in connection with sales and licenses (other than pursuant to existing contracts as set forth in Section 4.2.2) by the collaborative sales force and by the dedicated AOL sales force of the Product Suites, including warranty and support services for supported Systems Platforms other than the Sun Systems Platform, which may include Systems Platforms such as Windows NT, HP-UX, Linux and IBM AIX. Sun will fulfill warranty and support obligations in connection with all sales and licenses by AOL arising from sales by the collaborative sales force and by the dedicated AOL sales force of the Product Suites (other than pursuant to existing contracts as set forth in Section 4.2.2). In consideration of Sun's providing such support services, AOL will pay to Sun the sum of One Million Dollars ($1,000,000) per month during the term of this Agreement. In addition, Sun will, at the request of AOL, fulfill warranty and support obligations for existing contracts as set forth in Section 4.2.2 ***. Such support services shall include frontline technical support, including call receipt, call screening, installation assistance, problem identification and diagnosis, and other standard support services customarily provided by Sun's twenty-four hour per day, seven day per week support center. Backline escalation support shall be provided by the collaborative development team. Sun shall defend, indemnify and hold AOL harmless from all third party claims and allegations relating to alleged breach or failure to provide support services or breach of support service obligations under Sun's standard maintenance contracts under which it is obligated to support the Product Suites. AOL will promptly notify Sun in writing of any such claim or allegation giving Sun the sole right of defense and settlement, and will assist Sun, at Sun's expense (except for the value AOL CONFIDENTIAL AND PROPRIETARY Final SUN CONFIDENTIAL AND PROPRIETARY of time of AOL employees), to defend or settle such claim or allegation. AOL shall have the right to employ separate counsel and to participate in the defense of such claim at its own cost. Sun shall not be liable for litigation expenses of or settlements by any third parties unless Sun agrees in writing.