Exceptions process. Elektrobit shall not be obligated to indemnify the TerreStar Indemnitees under Section 9.1.1(a) or (b) to the extent that such Loss results from (i) any TerreStar Data, TerreStar Background Rights or TerreStar-Furnished Items; (ii) any Third Party Contributions to the extent TerreStar consents to the incorporation of such Third Party Contribution in the Deliverable, pursuant to Section 2.4.5; (iii) any alteration or repair by any third party not approved in writing by Elektrobit (unless TerreStar retained the third party in response to Elektrobit’s failure or refusal to comply with its warranty obligations); or (iv) implementing the Telecommunication Standard where a commercially reasonable non-infringing implementation is not available and provided that, if Elektrobit had knowledge of the potential infringement, that Elektrobit informed TerreStar of the potential infringement, received EMOC’s written consent to the inclusion of the potentially infringing item, and reasonably assisted TerreStar’s efforts to obtain license rights to avoid such infringement. TerreStar shall notify Elektrobit promptly of any third party claim in connection with the foregoing, shall give Elektrobit sole control of the defense or settlement of the claim (provided that Elektrobit shall not settle such claim without the prior written consent of TerreStar, which shall not be unreasonably withheld), and shall cooperate reasonably with Elektrobit in connection therewith (at Elektrobit’s reasonable expense), in the defense or settlement of such claim. If any Deliverable, or any portion of the Deliverables, is found in any indemnified claim to infringe the rights of any third party and its use is enjoined, or in Elektrobit’s reasonable opinion is likely to be enjoined, Elektrobit will, at its option and expense, either procure for the TerreStar Indemnitee a license or right to continue to use the Deliverables or the applicable portion of the Deliverables, replace the Deliverables or applicable portion with a non-infringing product or portion, or modify the Deliverables or infringing portion to become non-infringing. Elektrobit shall have no liability for settlements made without Elektrobit’s express written consent. Should TerreStar desire to have its own counsel participate in any such action, the cost of such counsel shall be exclusively TerreStar’s.
Exceptions process. The Department agrees to seek approval from the federal Centers for Medicare and Medicaid Services ("CMS") to amend the Department's Section 21 Waiver to establish an exceptions process authorizing Section 21 Members, and individuals applying for the Section 21 waiver, to seek, and the Department to authorize, services in excess of otherwise-applicable Section 21 Waiver monetary and/or unit caps where necessary to ensure that Members receive adequate and appropriate services and supports in the most integrated setting appropriate to their needs, consistent with Title II of the ADA, and consistent with existing Section 21 health and safety requirements. If approved by CMS, the Department agrees to adopt a rule that establishes the exceptions process. When determining whether to grant an exception to monetary or unit caps, the Department may consider the availability of natural supports for the Member (though Members are not required to rely on natural supports if they choose not to do so or if the proposed person(s) is unable or unwilling to provide natural supports), and whether MaineCare services other than those subject to the monetary or unit caps can meet the Member's needs in the most integrated setting appropriate to their needs. The Department may deny a requested exception if granting it would fundamentally alter the Section 21 Waiver program.
Exceptions process. In this document the term “must” is used in bold letters to indicate a mandatory security measure. Any exceptions to the application of this standard, or where specific security measures cannot be adhered to, must be presented to the Authority. This must be carried out prior to deployment and managed through the design caveats or exception process. Such exception requests will invoke the risk management process to clarify the potential impact of any deviation to the measure’s details in this standard. Exceptions to the standard must be maintained on a risk register for accountability, traceability, and security governance reporting to senior management.
