Common use of Exceptions to Indemnification Clause in Contracts

Exceptions to Indemnification. In no event will a party providing indemnification (the “Indemnifying Party”) have any obligations under this Section 7 or any liability for any claim or action to the party asking for indemnification (the “Indemnified Party”) if the a claim is caused by, or results from: (a) the Indemnified Party’s unauthorized combination or use of the alleged infringing material or service with software, services, or products developed by the indemnified Party or third parties, If such claim would have been avoided by the non-combined or independent use of the alleged infringing material, (b) unauthorized modification of the alleged infringing material by anyone other than the indemnifying Party if such claim would have been avoided by use of the unmodified alleged infringing material, (c) Indemnified Party’s continued ***** Confidential treatment has been requested for certain portions of this document pursuant to an application for confidential treatment sent to the Securities and Exchange Commission. allegedly infringing activity after being notified thereof or after being provided modifications that would have avoided the alleged infringement, (d) Indemnified Party’s use of the alleged infringing material in a manner not strictly in accordance with this Agreement or applicable documentation, (e) use of other than the most current release of the alleged infringing material if the claim or action would have been avoided by use of the most current release or revision.

Exceptions to Indemnification. In no event will a party providing indemnification (the “Indemnifying Party”) have any obligations under this Section 7 or any liability for any claim or action to the party asking for indemnification (the “Indemnified Party”) if the a claim is caused by, or results from: (a) the Indemnified Party’s unauthorized combination or use of the alleged infringing material or service with software, services, or products developed by the indemnified Indemnified Party or third parties, If if such claim would have been avoided by the non-combined or independent use of the alleged infringing material, (b) unauthorized modification of the alleged infringing material by anyone other than the indemnifying Indemnifying Party if such claim would have been avoided by use of the unmodified alleged infringing material, (c) Indemnified Party’s continued ***** Confidential treatment has been requested for certain portions of this document pursuant to an application for confidential treatment sent to the Securities and Exchange Commission. allegedly infringing activity after being notified thereof or after being provided modifications that would have avoided the alleged infringement, (d) Indemnified Party’s use of the alleged infringing material in a manner not strictly in accordance with this Agreement or applicable documentation, (e) use of other than the most current release of the alleged infringing material if the claim or action would have been avoided by use of the most current release or revision.