Sprint. (“Indemnifying Party”) shall indemnify, defend and hold harmless BA, BA’s Affiliates, and the directors, officers and employees of BA and BA’s Affiliates, from and against any claim, demand, suit, action, judgment, liability, damage or loss (including reasonable costs, expenses and attorneys fees on account thereof), that arises out of or results from: ( a) Sprint’s negligent use or occupancy of a BA Network Interface Device (“NID”); (b) wiring, facilities, equipment or other apparatus, negligently installed by Sprint in or on a BA NID, or negligently connected by Sprint to a BA NID; or, (c) the negligent acts or omissions of Sprint, Sprint’s Affiliates, or the employees, Agents or contractors, of Sprint or Sprint’s Affiliates, in connection with a BA NID. Where the NID is not used by BA or another Telecommunications Carrier (except Sprint) to provide service to the premise, Sprint shall have the burden, as between BA and Sprint, to rebut the presumption that the claim, demand, suit, action, judgment, liability, damage or loss, arises from wiring, facilities, equipment or other apparatus, negligently installed by Sprint in or on a BA NID, or negligently connected by Sprint to a BA NID. For the purposes of this Section 20.4, references to “negligence” or “negligently” shall be read to also encompass acts of gross negligence and/or intentional misconduct. 20.5.1 As used in this Section 20.5:
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Sources: Telecommunications, Telecommunications (Wave2Wave Communications, Inc.), Telecommunications (Wave2Wave Communications, Inc.)