Covered Claim Clause Samples

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Covered Claim. Notwithstanding any other provision in this Attachment, each Party (“Indemnifying Party”) will indemnify, defend and hold harmless the other Party (“Indemnitee”) from and against any loss, liability, claim or damage (“Loss”), including but not limited to direct, indirect or consequential damages, made against Indemnitee by any telecommunications service provider or telecommunications user (other than claims for damages or other losses made by an end-user of Indemnitee for which Indemnitee has sole responsibility and liability), to the extent such Loss arose from or was caused, in whole or substantial part, by the use of non-standard xDSL technologies by the Indemnifying Party.
Covered Claim. Notwithstanding any other provisions of this Agreement, each Party (“Indemnifying Party”) will release, indemnify, defend and hold harmless the other Party (“Indemnitee”) from and against any loss, liability, claim, or damage, including but not limited to direct, indirect or consequential damages, made against Indemnitee by any telecommunications service provider or telecommunications user (other than claims for damages or other losses made by an end-user of Indemnitee for which Indemnitee has sole responsibility and liability) caused, in whole or substantial part, by the use of non-standard xDSL technologies by the Indemnifying Party, or by the Indemnifying Party’s provision of splitter functionality under this Appendix, or the Indemnifying Party’s (i.e., CLEC’s) retention of the loop used to provide the HFPL when the end user terminates voice service from Indemnitee (i.e.,
Covered Claim. The term “Covered Claim” whenever it is used in this Article Nine designates and includes: (i) any action, suit, or proceeding (whether civil, criminal, administrative or investigative) in connection with which any person shall be entitled to any payment or indemnification under or by reason of this Article Nine and (ii) any other attempt to impose any liability or obligation upon any person in connection with which the corporation shall be obligated to provide any payment or indemnification under or by reason of this Article Nine.
Covered Claim. Each Party (“Indemnifying Party”) will indemnify, defend and hold harmless the other Party (“Indemnitee”) from and against any loss, liability, or claim for damage, including but not limited to direct, indirect or consequential damages, made against Indemnitee by any telecommunications service provider or telecommunications user (other than claims for damages or other losses made by an end-user of Indemnitee for which Indemnitee has sole responsibility and liability), arising from, the use of such non- standard xDSL technologies by the Indemnifying Party.