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; (iii) conformance to specifications of the indemnitee which would necessarily result in infringement; or (iv) continued use by the indemnitee of the affected facilities or equipment (including software) after being placed on notice to discontinue use as set forth herein.
Exception to Obligations. Neither Party's obligations under this Section shall apply to the extent the infringement is caused by:
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;
Exception to Obligations. Notwithstanding anything to the contrary in this Agreement, in the event that the Indemnitee is found by a nonappealable judgment of a court not to have acted in good faith and in a manner the Indemnitee reasonably believed to be in or not opposed to the best interests of the Company and/or Green Tech Products in connection with the matters that are or were the subject of the Litigation, then the Company shall be under no obligation to provide indemnification to the Indemnitee under this Agreement and the Indemnitee shall repay to the Company any Expenses paid or provided to the Indemnitee prior to such finding.
Exception to Obligations. Notwithstanding the foregoing, there will be no obligation on BellSouth or Colmena to protect any portion of the Information that is: (1) made publicly available by the owner of the Information or lawfully disclosed by a Party other than BellSouth or Colmena; (2) lawfully obtained from any source other than te owner of the Information; or (3) previously known to the receiving Party without an obligation to keep it confidential.
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; (iii) conformance to specifications of the indemnitee which would necessarily result in infringement; or (iv) continued use by the indemnitee of the affec6(u)-3c6(u)-3c6(u)ee Information as Recipient uses to protect its own similar confidential and proprietary information, but not less than a reasonable standard of care. Recipient may disclose Information solely to the Authorized Representatives of the Recipient who (a) have a substantive need to know such Information in connection with performance of the Agreement; (b) have been advised of the confidential and proprietary nature of the Information; and (c) have personally agreed to protect from unauthorized disclosure all confidential and proprietary information, of whatever source, to which they have access in the course of their employment. “Authorized Representatives” are the officers, directors and employees of breach or threatened breach of this Section 11. Such remedy is not the exclusive remedy for any breach or threatened breach of this Section 11, but is in addition to all other rights and remedies available at law or in equity. In the event of any breach of this Section for which legal or equitable relief is sought, all reasonable attorneys’ fees and other reasonable costs associated therewith shall be recoverable by the prevailing Party.
