Exception for Certain Indemnification Obligations. THE EXCLUSIONS OF AND LIMITATIONS ON LIABILITY SET FORTH IN SECTIONS 8.1(a) AND (b) WILL NOT APPLY TO ANY COSTS OF DEFENSE AND ANY AMOUNTS AWARDED AGAINST THE INDEMNIFIED PARTY BY A COURT OF COMPETENT JURISDICTION OR AGREED UPON PURSUANT TO SETTLEMENT AGREEMENT THAT ARE SUBJECT TO SUCH PARTY’S INDEMNIFICATION AND DEFENSE OBLIGATIONS UNDER THIS AGREEMENT.
Exception for Certain Indemnification Obligations. FOR THE PURPOSE OF CLARIFICATION, ANY AND ALL DAMAGES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL AND SIMILAR DAMAGES, AWARDED TO A THIRD PARTY BY A COURT OF COMPETENT JURISDICTION FOR WHICH INDEMNIFICATION IS PROVIDED UNDER THIS AGREEMENT SHALL BE DEEMED DIRECT DAMAGES AS BETWEEN BUYER AND LICENSOR.
Exception for Certain Indemnification Obligations. 16 9. Start, Term and Termination 16 9.1 Start, Term 16 9.2 Termination for Convenience. 16 9.3 Termination for Cause. 17 9.4 Effect of Termination. 17 9.4.1................................................................................................................................................ 17 9.4.2................................................................................................................................................ 17 9.4.3................................................................................................................................................ 17 11. Operational Regulations 18 11.1 Availability. 18 11.2 Definition. 18 11.3 Monitoring 18 11.4 Release upgrades / Hotfixes. 18 11.5 Maintenance windows 18 11.6 Support 19 11.7 Backup 19 12. General 19 12.1 Applicable Law 19 12.2 Assignment 19 12.3 Divestiture. 19 12.4 Entire Agreement 20 12.5 Force Majeure. 20 12.6 Export Laws 20 12.7 Headings 21 12.8 Notices. 21 12.9 Nonwaiver 21 12.10 Publicity. 21 12.11 Relationship of Parties 21 12.12 Severability. 21
Exception for Certain Indemnification Obligations the exclusions of and limitations on liability set forth in sections11.1(a) and (b) will not apply to any costs of defence and any amounts awarded against the indemnified Party by a court of competent jurisdiction or agreed upon pursuant to settlement agreement that are subject to such Party’s indemnification and defence obligations under this agreement.
