Common use of For purposes of Section Clause in Contracts

For purposes of Section. 11.5 of this Agreement, TCG’s obligation to indemnify BellSouth shall include the obligation to indemnify and hold BellSouth harmless from and against any loss, cost, expense or liability arising out of a claim that BellSouth’s use, pursuant to the terms of this Agreement, of TCG facilities or equipment, including software, infringes the intellectual property rights of a third party. Should any such facilities or equipment, including software, or any portion thereof, provided by TCG hereunder become, or, in TCG’s reasonable opinion, be likely to become the subject of a claim of infringement, or should TCG’s use thereof be finally enjoined, then TCG shall, at its expense, after consultation with BellSouth, (i) procure for BellSouth the right to continue using such facilities, equipment or software or portion thereof; or (ii) replace or modify such facilities, equipment or software or portion thereof to make it non-infringing, provided, however, that such replacement or modification shall be functionally equivalent to the facilities, equipment or software or portion thereof that is replaced or modified.

For purposes of Section. 11.5 11.4 of this Agreement, TCGBellSouth’s obligation to indemnify BellSouth TCG shall include the obligation to indemnify and hold BellSouth TCG harmless from and against any loss, cost, expense or liability arising out of a claim that BellSouthTCG’s use, pursuant to the terms of this Agreement, of TCG facilities BellSouth’s facilities, equipment or equipment, including software, software infringes the intellectual property rights of a third party. Should any such facilities facilities, equipment or equipment, including software, or any portion thereof, provided by TCG BellSouth hereunder become, or, in TCGBellSouth’s reasonable opinion, be likely to become the subject of a claim of infringement, or should TCGBellSouth’s use thereof be finally enjoined, then TCG BellSouth shall, at its expense, after consultation with BellSouthTCG, (i) procure for BellSouth TCG the right to continue using such facilities, equipment or software or portion thereof; or (ii) replace or modify such facilities, equipment or software or portion thereof to make it non-infringing, provided, however, that such replacement or modification shall be functionally equivalent to the facilities, equipment or software or portion thereof that is replaced or modified.

For purposes of Section. 11.5 11.4 of this Agreement, TCGXxxxXxxxx’s obligation to indemnify BellSouth TCG shall include the obligation to indemnify and hold BellSouth TCG harmless from and against any loss, cost, expense or liability arising out of a claim that BellSouthTCG’s use, pursuant to the terms of this Agreement, of TCG facilities BellSouth’s facilities, equipment or equipment, including software, software infringes the intellectual property rights of a third party. Should any such facilities facilities, equipment or equipment, including software, or any portion thereof, provided by TCG BellSouth hereunder become, or, in TCGBellSouth’s reasonable opinion, be likely to become the subject of a claim of infringement, or should TCGBellSouth’s use thereof be finally enjoined, then TCG BellSouth shall, at its expense, after consultation with BellSouthTCG, (i) procure for BellSouth TCG the right to continue using such facilities, equipment or software or portion thereof; or (ii) replace or modify such facilities, equipment or software or portion thereof to make it non-infringing, provided, however, that such replacement or modification shall be functionally equivalent to the facilities, equipment or software or portion thereof that is replaced or modified.