Common use of E911 Limitation of Liability and Indemnification Clause in Contracts

E911 Limitation of Liability and Indemnification. Customer acknowledges and agrees that Alteva’s liability is strictly and expressly limited for any Services outage and/or inability to complete emergency calls from any Customer line or to access emergency service personnel. CUSTOMER SHALL PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS Alteva, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THE SERVICES, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITY, FINES, PENALTIES, COSTS AND EXPENSES INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES AND COSTS BY, OR ON BEHALF OF, CUSTOMER OR ANY THIRD-PARTY OR USER RELATING TO ANY ABSENCE, FAILURE OR OUTAGE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, EMERGENCY CALLING AND/OR INABILITY OF CUSTOMER OR ANY THIRD-PERSON OR PARTY OR USER TO BE ABLE TO CALL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL. Customer agrees and acknowledges that Alteva has entered into this Agreement in reliance upon the limitations and exclusions of liability and the disclaimers set forth in this Agreement, including, without limitation, this Section, and that the same form an essential basis of the agreement between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement, including, without limitation, this Section, shall survive and apply even if found to have failed their essential purpose; and Customer hereby waives its right to contest the enforceability of any provision of this Section by reason of such failure.

E911 Limitation of Liability and Indemnification. Customer acknowledges and agrees that Alteva’s liability is strictly and expressly limited for any Services outage and/or inability to complete emergency calls from any Customer line or to access emergency service personnel. CUSTOMER SHALL PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS Alteva, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THE SERVICES, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITY, FINES, PENALTIES, COSTS AND EXPENSES INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES AND COSTS BY, OR ON BEHALF OF, CUSTOMER OR ANY THIRD-THIRD- PARTY OR USER RELATING TO ANY ABSENCE, FAILURE OR OUTAGE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, EMERGENCY CALLING AND/OR INABILITY OF CUSTOMER OR ANY THIRD-PERSON OR PARTY OR USER TO BE ABLE TO CALL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL. Customer agrees and acknowledges that Alteva has entered into this Agreement in reliance upon the limitations and exclusions of liability and the disclaimers set forth in this Agreement, including, without limitation, this Section, and that the same form an essential basis of the agreement between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement, including, without limitation, this Section, shall survive and apply even if found to have failed their essential purpose; and Customer hereby waives its right to contest the enforceability of any provision of this Section by reason of such failure.

E911 Limitation of Liability and Indemnification. Customer acknowledges and agrees that Alteva’s liability is strictly and expressly limited for any Services outage and/or inability to complete emergency calls from any Customer line or to access emergency service personnel. CUSTOMER SHALL PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS Alteva, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THE SERVICES, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITY, FINES, PENALTIES, COSTS AND EXPENSES INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES AND COSTS BY, OR ON BEHALF OF, CUSTOMER OR ANY THIRD-PARTY OR USER RELATING TO ANY ABSENCE, FAILURE OR OUTAGE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, EMERGENCY CALLING AND/OR INABILITY OF CUSTOMER OR ANY THIRD-THIRD- PERSON OR PARTY OR USER TO BE ABLE TO CALL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL. Customer agrees and acknowledges that Alteva has entered into this Agreement in reliance upon the limitations and exclusions of liability and the disclaimers set forth in this Agreement, including, without limitation, this Section, and that the same form an essential basis of the agreement between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement, including, without limitation, this Section, shall survive and apply even if found to have failed their essential purpose; and Customer hereby waives its right to contest the enforceability of any provision of this Section by reason of such failure.