Clauses 11. 1 to 11.6 apply equally to the guarantor. In relation to any amount owed to us by the guarantor, each reference to 'you' in these clauses is taken to be a reference to the guarantor.
Clauses 11. 8.1 to 11.8.4 of the Commercialisation and Supply Agreement are deleted and replaced by the following: “***
Clauses 11. 2and 11.4 state the Customer's sole and exclusive rights and remedies, and CUBE’s (including CUBE’s Affiliates’, employees', agents' and subcontractors’) entire obligations and liability, for infringement of any Intellectual Property Rights.
Clauses 11. 2 and 11.3 set out POLi Payments and its licensors’ entire obligations, and the Merchant’s sole remedies in respect of any claim that an authorised use by the Merchant of the Software or the POLi™ Service provided by or on behalf of POLi Payments infringes the Intellectual Property rights of any party.
Clauses 11. 2 - 11.5 inclusive above shall not prevent disclosure of confidential information:
Clauses 11. 6.1 shall override any appropriation made by the Borrower.
Clauses 11. 3 to 11.6 shall apply if the Company terminates this Agreement pursuant to Clauses 12.1 or 12.2.
Clauses 11. 2.1 and 11.2.2 shall not prohibit disclosure or use of any information if and to the extent that:
Clauses 11. 2.1 and 11.2.2 shall not prohibit:
Clauses 11. 1 and 11.2 do not apply to disclosure of Confidential Information or Seller Confidential Information, as appropriate:
