Common use of Disclaimer of Liability and Indemnification Clause in Contracts

Disclaimer of Liability and Indemnification. Sangoma does not have any control over whether, or the manner in which, calls using Sangoma's 911 Dialing service are answered or addressed by any local emergency response center. Sangoma disclaims any and all responsibility for the conduct of local emergency response centers. Sangoma relies on third parties to assist it in routing 911 Dialing calls to local emergency response centers. Sangoma disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Sangoma may not be held liable for any claim, cause of action, damage, loss, liability, expense, cost, fee, charge, or penalty, and by using the Service you hereby waive any and all such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties, arising from or relating to Xxxxxxx’s 911 Dialing service unless such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties arose solely from Sangoma’s gross negligence or willful misconduct. You shall defend, indemnify, and hold harmless Sangoma and any other service provider who furnishes services to you in connection with the Sangoma’s Service, from any and all claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties (including, without limitation, attorneys' fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of Sangoma’s Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of Sangoma’s Service to be able to use 911 Dialing or access emergency service personnel. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting Xxxxxxx’s Service. A law called “Xxxx’s Law” is effective at the federal level and there are also certain state Xxxx’s law requirements. Certain of these laws requires Sangoma to provide our customers with notification of the statutory provisions contained in Kari’s Law. Xxxx’s Law states that: A business owner or operator that owns or controls a telephone system or equivalent system which utilizes Voice over Internet Protocol (VoIP) enabled service and provides outbound dialing capacity or access shall be required to configure the telephone or equivalent system to allow a person initiating a 9-1- 1 call on the system to directly access 9-1-1 without an additional code, digit, prefix, postfix, or trunk- access code. A business owner or operator that provides residential or business facilities utilizing a telephone system or equivalent system as described in subsection A, shall configure the telephone or equivalent system to provide a notification to a central location on the site of the residential or business facility when a person within the residential or business facility dials 9-1-1, provided that the business owner or operator’s system is able to be configured to provide such notification without an improvement to the system’s hardware. The requirement of this subsection does not require a business owner or operator to have a person available at the central location to receive such notification.

Disclaimer of Liability and Indemnification. Sangoma You acknowledge and understand that Velocity Broadband will not be liable for any Service outage and/or inability to dial 911 using the Velocity Broadband Service or to access emergency service personnel due to the characteristics and limitations of the Velocity Broadband Service as set forth in this Agreement. You agree to defend, indemnify, and hold harmless the City of Hudson, Ohio, the City of Xxxxxx - Velocity Broadband, its officers, elected officials, directors, employees, affiliates, volunteers and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service, including those related to the 911 Service. In addition, Velocity Broadband does not have any control over whether, or the manner in which, calls using Sangoma's the 911 Dialing service Service are answered or addressed by any local emergency response center. Sangoma Velocity Broadband disclaims any and all responsibility for the conduct of local emergency response centerscenters and the national emergency calling center. Sangoma Velocity Broadband relies on third parties to assist it us in routing 911 Dialing Service calls to local emergency response centerscenters and to a national emergency calling center. Sangoma Velocity Broadband disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Sangoma may not be held liable for any claimNeither Velocity Broadband nor its officers, cause of actionelected officials, damagedirectors, lossemployees, liabilityaffiliates, expense, cost, fee, charge, or penalty, volunteers and by using the Service you hereby waive any and all such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties, arising from or relating to Xxxxxxx’s 911 Dialing service unless such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties arose solely from Sangoma’s gross negligence or willful misconduct. You shall defend, indemnify, and hold harmless Sangoma agents and any other service provider who furnishes services to you in connection with the Sangoma’s Service may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to the 911 Service unless such claims or causes of action arose from Velocity Broadband gross negligence, recklessness or willful misconduct. You agree to defend, indemnify, and hold harmless Velocity Broadband, its officers, elected officials, directors, employees, affiliates, volunteers and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, causes of actionlosses, damages, lossesfines, liabilitiespenalties, expenses, costs, fees, charges, or penalties costs and expenses (including, without limitation, attorneys' reasonable attorney’s fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of Sangoma’s the Service, including 911 DialingService, incorrectly routed 911 Dialing Service calls, and/or the inability of any user of Sangoma’s the Service to be able to use 911 Dialing Service or access emergency service personnel. If Furthermore, you acknowledge that Velocity Broadband does not offer Lifeline service, and that if you are not comfortable with the limitations of the 911 Dialing serviceService, Velocity Broadband strongly recommends that you should consider having always have an alternate alternative means of accessing traditional 911 or E911 services or disconnecting Xxxxxxx’s Service. A law called “Xxxx’s Law” is effective at the federal level and there are also certain state Xxxx’s law requirements. Certain of these laws requires Sangoma to provide our customers with notification of the statutory provisions contained in Kari’s Law. Xxxx’s Law states that: A business owner or operator that owns or controls a telephone system or equivalent system which utilizes Voice over Internet Protocol (VoIP) enabled service and provides outbound dialing capacity or access shall be required to configure the telephone or equivalent system to allow a person initiating a 9-1- 1 call on the system to directly access 9-1-1 without an additional code, digit, prefix, postfix, or trunk- access code. A business owner or operator that provides residential or business facilities utilizing a telephone system or equivalent system as described in subsection A, shall configure the telephone or equivalent system to provide a notification to a central location on the site of the residential or business facility when a person within the residential or business facility dials 9-1-1, provided that the business owner or operator’s system is able to be configured to provide such notification without an improvement to the system’s hardware. The requirement of this subsection does not require a business owner or operator to have a person available at the central location to receive such notificationemergency service.

Disclaimer of Liability and Indemnification. Sangoma You acknowledge and understand that XXXXX FIBER will not be liable for any Service outage and/or inability to dial 911 using the XXXXX FIBER Service or to access emergency service personnel due to the characteristics and limitation of the XXXXX FIBER Service as set forth in this document. You agree to defend, indemnify, and hold harmless XXXXX FIBER, its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service, including those related to the 911 SERVICE. In addition, XXXXX FIBER does not have any control over whether, or the manner in which, calls using Sangoma's the 911 Dialing service SERVICE are answered or addressed by any local emergency response center. Sangoma XXXXX FIBER disclaims any and all responsibility for the conduct of local emergency response centerscenters and the national emergency calling center. Sangoma XXXXX FIBER relies on third parties to assist it us in routing 911 Dialing SERVICE calls to local emergency response centerscenters and to a national emergency calling center. Sangoma XXXXX FIBER disclaims any and all liability or responsibility in the event such third third-party data used to route calls is incorrect or yields an erroneous result. Sangoma may not be held liable for any claimNeither XXXXX FIBER nor its officers, cause of actiondirectors, damageemployees, loss, liability, expense, cost, fee, charge, or penaltyaffiliates, and by using the Service you hereby waive any and all such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties, arising from or relating to Xxxxxxx’s 911 Dialing service unless such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties arose solely from Sangoma’s gross negligence or willful misconduct. You shall defend, indemnify, and hold harmless Sangoma agents and any other service provider who furnishes services to you in connection with the Sangoma’s Service may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to the 911 SERVICE unless such claims or causes of action arose from XXXXX FIBER xxxxx negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless XXXXX FIBER, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, causes of actionlosses, damages, lossesfines, liabilitiespenalties, expenses, costs, fees, charges, or penalties costs and expenses (including, without limitation, attorneys' attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of Sangoma’s the Service, including 911 DialingSERVICE, incorrectly routed 911 Dialing SERVICE calls, and/or the inability of any user of Sangoma’s the Service to be able to use 911 Dialing SERVICE or access emergency service personnel. If Furthermore, you acknowledge that XXXXX FIBER does not offer Lifeline service, and that if you are not comfortable with the limitations of the 911 Dialing serviceSERVICE, XXXXX FIBER strongly recommends that you should consider having always have an alternate alternative means of accessing traditional 911 or E911 services or disconnecting Xxxxxxx’s Service. A law called “Xxxx’s Law” is effective at the federal level and there are also certain state Xxxx’s law requirements. Certain of these laws requires Sangoma to provide our customers with notification of the statutory provisions contained in Kari’s Law. Xxxx’s Law states that: A business owner or operator that owns or controls a telephone system or equivalent system which utilizes Voice over Internet Protocol (VoIP) enabled service and provides outbound dialing capacity or access shall be required to configure the telephone or equivalent system to allow a person initiating a 9-1- 1 call on the system to directly access 9-1-1 without an additional code, digit, prefix, postfix, or trunk- access code. A business owner or operator that provides residential or business facilities utilizing a telephone system or equivalent system as described in subsection A, shall configure the telephone or equivalent system to provide a notification to a central location on the site of the residential or business facility when a person within the residential or business facility dials 9-1-1, provided that the business owner or operator’s system is able to be configured to provide such notification without an improvement to the system’s hardware. The requirement of this subsection does not require a business owner or operator to have a person available at the central location to receive such notificationemergency service.

Disclaimer of Liability and Indemnification. Sangoma You acknowledge and understand that Velocity Broadband will not be liable for any Service outage and/or inability to dial 911 using the Velocity Broadband Service or to access emergency service personnel due to the characteristics and limitations of the Velocity Broadband Service as set forth in this Agreement. You agree to defend, indemnify, and hold harmless the City of Hudson, Ohio, the City of Xxxxxx - Velocity Broadband, its officers, elected officials, directors, employees, affiliates, volunteers and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service, including those related to the 911 Service. In addition, Velocity Broadband does not have any control over whether, or the manner in which, calls using Sangoma's the 911 Dialing service Service are answered or addressed by any local emergency response center. Sangoma Velocity Broadband disclaims any and all responsibility for the conduct of local emergency response centerscenters and the national emergency calling center. Sangoma Velocity Broadband relies on third parties to assist it us in routing 911 Dialing Service calls to local emergency response centerscenters and to a national emergency calling center. Sangoma Velocity Broadband disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Sangoma may not be held liable for any claimNeither Velocity Broadband nor its officers, cause of actionelected officials, damagedirectors, lossemployees, liabilityaffiliates, expense, cost, fee, charge, or penalty, volunteers and by using the Service you hereby waive any and all such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties, arising from or relating to Xxxxxxx’s 911 Dialing service unless such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties arose solely from Sangoma’s gross negligence or willful misconduct. You shall defend, indemnify, and hold harmless Sangoma agents and any other service provider who furnishes services to you in connection with the Sangoma’s Service may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to the 911 Service unless such claims or causes of action arose from Velocity Broadband gross negligence, recklessness or willful misconduct. You agree to defend, indemnify, and hold harmless Velocity Broadband, its officers, elected officials, directors, employees, affiliates, volunteers and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, causes of actionlosses, damages, lossesfines, liabilitiespenalties, expenses, costs, fees, charges, or penalties costs and expenses (including, without limitation, attorneys' reasonable attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of Sangoma’s the Service, including 911 DialingService, incorrectly routed 911 Dialing Service calls, and/or the inability of any user of Sangoma’s the Service to be able to use 911 Dialing Service or access emergency service personnel. If Furthermore, you acknowledge that Velocity Broadband does not offer Lifeline service, and that if you are not comfortable with the limitations of the 911 Dialing serviceService, Velocity Broadband strongly recommends that you should consider having always have an alternate alternative means of accessing traditional 911 or E911 services or disconnecting Xxxxxxx’s Service. A law called “Xxxx’s Law” is effective at the federal level and there are also certain state Xxxx’s law requirements. Certain of these laws requires Sangoma to provide our customers with notification of the statutory provisions contained in Kari’s Law. Xxxx’s Law states that: A business owner or operator that owns or controls a telephone system or equivalent system which utilizes Voice over Internet Protocol (VoIP) enabled service and provides outbound dialing capacity or access shall be required to configure the telephone or equivalent system to allow a person initiating a 9-1- 1 call on the system to directly access 9-1-1 without an additional code, digit, prefix, postfix, or trunk- access code. A business owner or operator that provides residential or business facilities utilizing a telephone system or equivalent system as described in subsection A, shall configure the telephone or equivalent system to provide a notification to a central location on the site of the residential or business facility when a person within the residential or business facility dials 9-1-1, provided that the business owner or operator’s system is able to be configured to provide such notification without an improvement to the system’s hardware. The requirement of this subsection does not require a business owner or operator to have a person available at the central location to receive such notificationemergency service.

Disclaimer of Liability and Indemnification. Sangoma Digium Cloud Services does not have any control over whether, or the manner in which, calls using Sangoma's Digium Cloud Services' 911 Dialing service are answered or addressed by any local emergency response center. Sangoma Digium Cloud Services disclaims any and all responsibility for the conduct of local emergency response centers. Sangoma Digium Cloud Services relies on third parties to assist it in routing 911 Dialing calls to local emergency response centers. Sangoma Digium Cloud Services’ disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Sangoma None of Digium Cloud Services, its affiliates, or any of their partners, shareholders, members, directors, managers, officers, employees or agents may not be held liable for any claim, cause of action, damage, loss, liability, expense, cost, fee, charge, or penalty, and by using the Service Digium Cloud Services’ service you hereby waive any and all such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties, arising from or relating to Xxxxxxx’s Digium Cloud Services’ 911 Dialing service unless such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties arose solely from Sangoma’s Digium Cloud Services’ gross negligence or willful misconduct. You shall defend, indemnify, and hold harmless Sangoma Digium Cloud Services’, its affiliates, all of their partners, shareholders, members, directors, managers, officers, employees and agents, and any other service provider who furnishes services to you in connection with the Sangoma’s ServiceDigium Cloud Services’ service, from any and all claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties (including, without limitation, attorneys' fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of Sangoma’s Servicethe Digium Cloud Services’ service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of Sangoma’s Service the Digium Cloud Services’ service to be able to use 911 Dialing or access emergency service personnel. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting Xxxxxxx’s Service. A law called “Xxxx’s Law” is effective at the federal level and there are also certain state Xxxx’s law requirements. Certain of these laws requires Sangoma to provide our customers with notification of the statutory provisions contained in Kari’s Law. Xxxx’s Law states that: A business owner or operator that owns or controls a telephone system or equivalent system which utilizes Voice over Internet Protocol (VoIP) enabled service and provides outbound dialing capacity or access shall be required to configure the telephone or equivalent system to allow a person initiating a 9-1- 1 call on the system to directly access 9-1-1 without an additional code, digit, prefix, postfix, or trunk- access code. A business owner or operator that provides residential or business facilities utilizing a telephone system or equivalent system as described in subsection A, shall configure the telephone or equivalent system to provide a notification to a central location on the site of the residential or business facility when a person within the residential or business facility dials 9-1-1, provided that the business owner or operator’s system is able to be configured to provide such notification without an improvement to the system’s hardware. The requirement of this subsection does not require a business owner or operator to have a person available at the central location to receive such notification.