Common use of Exception to ObligationsN Clause in Contracts

Exception to ObligationsN. either Party’s obligations under this Section shall apply to the extent the infringement is caused by: (i) modification of thfaecilities or equipment (including software) by the indemnitee; (ii) use by thenidemnitee of thefacilities or equpiment (including software) in combination with equpiment or facilities (including software) not porvided or authorized by the indemnitor, provided the facilities or equipment (includnig software) would notbe infringing if used alone; (iii) conformance to specifications of the indenmitee which would necessarily result in infringement; or (iv) continueudse by the indemnitee of theaffected facilities or equipment (including software) after being placed on notice to discontinue use as set forth herein.

Exception to ObligationsN. either Party’s obligations under this Section shall apply to the extent the infringement is caused by: (i) modification of thfaecilities or equipment (including software) by the indemnitee; (ii) use by thenidemnitee of thefacilities or equpiment (including software) in combination with equpiment or facilities (including software) not porvided or authorized by the GENERAL TERMS AND CONDITIONAST/&T-9STATE PAGE 7 OF 16 AT&T-9STATE/CUSTOMER 4Q07 MBR AGREEMENT – 11/16/07 indemnitor, provided the facilities or equipment (includnig software) would notbe infringing if used alone; (iii) conformance to specifications of the indenmitee which would necessarily result in infringement; or (iv) continueudse by the indemnitee of theaffected facilities or equipment (including software) after being placed on notice to discontinue use as set forth herein.

Exception to ObligationsN. either Party’s 's obligations under this Section shall apply to the extent the infringement is caused by: (i) modification of thfaecilities or equipment (including software) by the indemnitee; (ii) use by thenidemnitee of thefacilities or equpiment (including software) in combination with equpiment or facilities (including software) not porvided or authorized by the indemnitor, provided the facilities or equipment (includnig software) would notbe infringing if used alone; (iii) conformance to specifications of the indenmitee which would necessarily result in infringement; or (iv) continueudse by the indemnitee of theaffected facilities or equipment (including software) after being placed on notice to discontinue use as set forth herein.

Exception to ObligationsN. either Party’s obligations under this Section shall apply to the extent the infringement is caused by: (i) modification of thfaecilities or equipment (including software) by the indemnitee; (ii) use by thenidemnitee of thefacilities or equpiment (including software) in combination with equpiment or facilities (including software) not porvided or authorized by the GENERAL TERMS AND CONDITIONAST/&T-9STATE 4Q07 MBR AGREEMENT – 03/13/08 indemnitor, provided the facilities or equipment (includnig software) would notbe infringing if used alone; (iii) conformance to specifications of the indenmitee which would necessarily result in infringement; or (iv) continueudse by the indemnitee of theaffected facilities or equipment (including software) after being placed on notice to discontinue use as set forth herein.