Exceptions to Indemnity. The indemnity provided in Article 15.1 does not extend to any of the following Taxes:
(a) Imposed by the U.S. (including without limitation any taxes collected by withholding) or any state or local government or governmental subdivision or state or local taxing authority in the U.S. (including any possession or territory of the U.S.) or by any foreign government, taxing authority or governmental subdivision of a foreign country which are based on, or measured by, the receipts, gross or net income, capital, net worth, franchises, excess profits, or conduct of business (including minimum taxes, withholding taxes and taxes on or measured by any items of tax preference) of LESSOR, except to the extent that such Tax would not have been imposed on or payable by LESSOR but for the location, use, registration or operation of the Aircraft or any part thereof, or any place of business or any activity of LESSEE in the jurisdiction imposing such Tax.
(b) Imposed as a result of LESSOR's transfer, mortgage, pledge, financing or other disposition by LESSOR of all or a portion of its interest in the Aircraft or this Lease except a transfer or sale resulting from an exercise of remedies pursuant to Article 25.3 hereunder or in connection with a termination of the Lease pursuant to Article 18 hereof.
(c) Attributable to the period prior to the Delivery Date or after return of the Aircraft to LESSOR in accordance with this Lease.
(d) Attributable to LESSOR's gross negligence, willful misconduct or breach of this Lease.
Exceptions to Indemnity. The indemnity provided for in Article 16.1 does not extend to any of the following Taxes (hereinafter referred to as "LESSOR's Taxes"):
(a) Taxes imposed by the U.S. or by any state within the U.S. on the net income, profits or gains, gross receipts, capital or net worth of LESSOR;
(b) Taxes attributable to the period, or an event occurring, prior to Delivery or after return of the Aircraft to LESSOR in accordance with this Lease;
(c) Taxes attributable to LESSOR's gross negligence, willful misconduct or breach of this Lease;
(d) Taxes which LESSEE is contesting in good faith in accordance with Article 16.5;
(e) Taxes imposed by any country other than the U.S. on the net income, gross receipts, capital or net worth of LESSOR but only to the extent that (i) such Taxes were not in any way connected with, due to or arising out of this Lease, LESSEE's business operations or office locations in any such country or LESSEE's use and operation of the Aircraft and (ii) such Taxes would be otherwise payable by LESSOR notwithstanding this Lease, LESSEE's business operations or office locations in any such country or LESSEE's use and operation of the Aircraft;
(f) excess Taxes imposed as a result of LESSOR's voluntary or involuntary transfer or other disposition of the Aircraft, Engines or any Parts or this Lease (except a transfer or sale resulting directly from LESSEE's Default) provided that LESSEE remains responsible for payment of any Taxes and the specific amount of such Taxes that it would have been required to indemnify for had such voluntary or involuntary transfer not occurred;
(g) Taxes consisting of any interest, penalties or additions to tax imposed on LESSOR as a result, in whole or in part, of a failure of LESSOR to file any Tax return properly and timely, unless such failure shall be caused by the failure of LESSEE to fulfill any obligations of LESSEE under Section 16.7 with respect to such Tax return; or
(h) Taxes resulting from, or that would not have been imposed but for, any LESSOR's Lien arising as a result of claims against, or acts or omissions of, or otherwise attributable to, LESSOR or any related party.
Exceptions to Indemnity. Entrust shall have no liability for any IP Claim in respect of any Software, Hosted Service, or Hardware and Supplies to the extent that: (i) such Software, Hosted Service, or Hardware and Supplies is used by Customer outside the scope of the rights granted in the Agreement or in a manner or for a purpose other than that for which it was supplied, as contemplated by the Documentation; (ii) such Software, Hosted Service, or Hardware and Supplies is modified by Customer; (iii) such Software, Hosted Service, or Hardware and Supplies is used by Customer in combination with other software, services, or equipment not provided by Entrust and the infringement arises from such combination or the use thereof; (iv) the IP Claim arises from information, data or specifications provided by Customer; (v) the Software, Hosted Service, or Hardware and Supplies was provided on a beta testing, proof of concept, evaluation or “not for resale” basis; or (vi) the IP Claim relates to the use of any version of the Software other than the current, unaltered release, if such IP Claim would have been avoided by the use of a current unaltered release of the Software.
Exceptions to Indemnity. The indemnity provided for in Article 16.1 does not extend to any of the following Taxes:
Exceptions to Indemnity. The indemnity provided for in Article 16.1 does not extend to any of the following Taxes:
(a) Taxes imposed by the U.S. or the State of California on the net income, gross receipts, capital, turnover or net worth and franchise taxes of LESSOR;
(b) Taxes in jurisdictions in which LESSOR would have been subject to Tax to the extent that the parties had not consummated this transaction; provided, however, that if LESSEE's operation of the Aircraft to a jurisdiction and the operation of other aircraft owned by LESSOR to such jurisdiction causes LESSOR to be liable for any tax, then LESSEE will pay the portion of such Tax attributed to LESSEE's operations in such jurisdiction;
(c) Taxes imposed in connection with a LESSOR's voluntary transfer or other disposition of all or any part of its interest in the Aircraft (or any part thereof) or this Lease other than resulting from an Event of Default which shall have occurred and be continuing or other foreclosure, seizure or sale of the Aircraft resulting from LESSEE's action or inaction;
(d) Taxes imposed as a direct result of any LESSOR Lien;
(e) any additional or incremental tax which arise solely as a result of LESSOR's failure to provide information necessary for LESSEE to properly complete and file any tax return or request an otherwise legally available exemption;
(f) Taxes solely attributable a sale or transfer of the Aircraft not resulting from an act or omission of LESSEE;
(g) Taxes attributable to the period prior to Delivery or after the Termination Date; or
(h) Taxes attributable to LESSOR's gross negligence, willful misconduct or breach of this Lease.
Exceptions to Indemnity. Any liability, loss or damage to the extent resulting from gross negligence or willful malfeasance by an Indemnitee is excluded from the undertakings in this Section 7 to indemnify, defend and hold harmless such Indemnitee. Deviations from the terms of the Protocol that may arise out of clinical or medical necessity do not constitute gross negligence or willful malfeasance.
Exceptions to Indemnity. Entrust shall have no liability, and shall be indemnified and held harmless by the Customer against any Claim in respect of any Software if:
(i) such Software is used by the Enterprise outside the scope or the license granted in this Agreement or in a manner or for a purpose other than that for which it was supplied, as contemplated by Entrust’s documentation;
(ii) such Software is modified by the Enterprise without the written consent of Entrust;
(iii) such Software is used by the Enterprise in combination with other software not provided by Entrust and the infringement arises from such combination or the use thereof; or
(iv) the Claim relates to the use of any version of the Software other than the current, unaltered release, if such Claim would have been avoided by the use of a current unaltered release of the Software.
Exceptions to Indemnity. Notwithstanding anything to the contrary in this Policy, We shall not be liable to indemnify You or the Insured Person for their legal liability to pay: (i) compensation and/or damages in respect of judgments that are not, in the first instance, delivered by or obtained from a court of competent jurisdiction of Hong Kong; or (ii) any claimant's costs and expenses of litigation which are not incurred in and recoverable in Hong Kong.
Exceptions to Indemnity. Supplier shall have no obligation to indemnify pursuant to Section 33.3 if and to the extent that the relevant Claim or Liabilities are caused by an Indemnified Party; provided, however, this provision shall not relieve Supplier of any pro rata, proportional, contributory or other allocation of liability or fault imposed by Applicable Laws or Supplier’s Indemnity obligations under Section 33.3.
Exceptions to Indemnity. The indemnity provided for in sub-clause 10.7.2 does not extend to any of the following Taxes:
10.7.3.1 Taxes that are based on or measured by net income, capital or net worth or capital stock, capital adequacy, reserves or that are excess profits Taxes, minimum or alternative minimum Taxes, accumulated earnings Taxes, personal holding company taxes or franchise Taxes;
10.7.3.2 Taxes that are solely the result of activities of the Lessor in a jurisdiction imposing such Tax which activities are unrelated to the transactions contemplated by this Agreement, any Contracts made hereunder or the operation of the Supplies;
10.7.3.3 Taxes resulting from any voluntary or involuntary sale, assignment, transfer or other disposition by the lessor of any interest in the Supplies or any part thereof, this Agreement or any interests or obligations arising under this Agreement or any contracts made hereunder other than, in each case, a sale, assignment, transfer or other disposition that arises as a result of or in connection with the exercise of the Lessor’s remedies relating to an Event of Default;
10.7.3.4 Taxes attributable to the period prior to the delivery of the Supplies to the Lessee or after the re-delivery of the Supplies to the Lessor;
10.7.3.5 Taxes that are the result of any Lessor Lien; or
10.7.3.6 Taxes directly attributable to the Lessor’s negligence or willful misconduct.
