Common use of Excluded Claims Clause in Contracts

Excluded Claims. “Excluded Claims” means (a) any claim arising from Customer’s breach of Section 1.4 (Use Restrictions), 2.3 (Rights in Customer Data); (b) any amounts payable to third parties pursuant to Customer’s indemnification obligations under Section 2.4 (Indemnification by Customer) or AvePoint’s indemnification obligations under Section 8 (Indemnification); (c) Customer’s breach of Section 3 (Ownership); or (d) unlawful or willful misconduct or gross negligence.

Excluded Claims. “Excluded Claims” means (a) any claim arising from Customer’s breach of Section 1.4 (Use Restrictions), 2.3 (Rights in Customer Data); (b) any amounts payable to third parties pursuant to Customer’s indemnification obligations under Section 2.4 (Indemnification by Customer) or AvePoint’s indemnification obligations under Section 8 (Indemnification); (c) Customer’s breach of Section 3 (Ownership); or (d) unlawful or willful wilful misconduct or gross negligence.

Excluded Claims. “Excluded Claims” means means: (a) any claim arising from Customer’s breach of Section 1.4 (Use Restrictions), 2.3 (Rights in Customer Data); (b) any amounts payable to third parties pursuant to Customer’s indemnification obligations under Section 2.4 (Indemnification by Customer) or AvePoint’s indemnification obligations under Section 8 (Indemnification); (c) Customer’s breach of Section 3 2.3 (OwnershipRestrictions); , (b) either party’s breach of Section 14 (Confidentiality) or (dc) unlawful or willful misconduct or gross negligenceamounts payable to third parties under the indemnifying party’s obligations in Section 13 (Indemnification).

Excluded Claims. “Excluded Claims” means means: (a) any claim arising from Customer’s breach of Section 1.4 (Use Restrictions), 2.3 (Rights in Customer Data); (b) any amounts payable to third parties pursuant to Customer’s indemnification obligations under Section 2.4 (Indemnification by Customer) or AvePoint’s indemnification obligations under Section 8 (Indemnification); (c) Customer’s breach of Section 1.3 (API Access and Customer Applications), 1.4 (Restrictions), 3 (OwnershipCustomer Obligations), or 5.4 (Third-Party Materials), (b) either party’s breach of Section 13 (Confidentiality) (but excluding claims relating to Customer Data); (c) amounts payable to third parties under Customer’s obligations in Section 12 (Indemnification) or (d) unlawful any liabilities that cannot be excluded or willful misconduct or gross negligencelimited by Laws.

Excluded Claims. “Excluded Claims” means any claim arising (a) any claim arising from Customer’s breach of Section 1.4 5 (Use General Restrictions), 2.3 Section 2.6 (Rights in Customer DataThird Party Terms); , or Section 10 (b) any amounts payable to third parties pursuant to Customer’s indemnification obligations under Section 2.4 (Indemnification by Customer) or AvePoint’s indemnification obligations under Section 8 (Indemnification); (c) Customer’s breach of Section 3 (OwnershipConfidential Information); or (db) unlawful or willful misconduct or gross negligenceunder Section 3 (Customer Data).

Excluded Claims. “Excluded Claims” means means: (a) any claim arising from Customer’s breach of Section 1.4 Sections 2.7 (Use Restrictions) or 5 (Customer Obligations), 2.3 (Rights in Customer Data); (b) any either party’s breach of Section 15 (Confidentiality) (but excluding claims relating to Customer Data) or (c) amounts payable to third parties pursuant to Customerunder the indemnifying party’s indemnification obligations under in Section 2.4 (Indemnification by Customer) or AvePoint’s indemnification obligations under Section 8 14 (Indemnification); (c) Customer’s breach of Section 3 (Ownership); or (d) unlawful or willful misconduct or gross negligence.

Excluded Claims. “Excluded Claims” means means: (a) any claim arising from Customer’s breach of Section 1.4 Sections 2.2 (Use Restrictions) or 5 (Customer Obligations), 2.3 (Rights in Customer Data); (b) any either party’s breach of Section 15 (Confidentiality) (but excluding claims relating to Configuration Data) or (c) amounts payable to third parties pursuant to Customer’s indemnification obligations under StreamSets’ indemnity obligation in Section 2.4 (Indemnification by Customer) or AvePoint’s indemnification obligations under Section 8 14 (Indemnification); (c) Customer’s breach of Section 3 (Ownership); or (d) unlawful or willful misconduct or gross negligence.

Excluded Claims. “Excluded Claims” means (a) any claim arising from the Customer’s breach of Section 1.4 1.7 (Use General Restrictions), 2.3 Section 2 (Rights in Customer Data); (b) any amounts payable to third parties pursuant to Customer’s indemnification obligations under Section 2.4 (Indemnification by CustomerContent and Content License) or AvePoint’s indemnification obligations under Section 8 (Indemnification); (c) Customereither party’s breach of Section 3 12 (OwnershipConfidential Information); or (d) unlawful or willful misconduct or gross negligence.

Excluded Claims. “Excluded Claims” means means: (a) any claim arising from Customer’s breach of Section 1.4 (Use Restrictions), 2.3 (Rights in Customer Data); (b) any amounts payable to third parties pursuant to Customer’s indemnification obligations under Section 2.4 (Indemnification by Customer) or AvePoint’s indemnification obligations under Section 8 (Indemnification); (c) Customer’s breach of Section 3 2.2 (OwnershipRestrictions) or Section 6 (Customer Obligations); , (b) either party’s breach of Section 16 (Confidentiality) but excluding claims relating to Customer Data or Customer Materials, or (dc) unlawful or willful misconduct or gross negligenceamounts payable to third parties under Atlassian’s obligations in Section 15 (Indemnification by Atlassian).

Excluded Claims. “Excluded Claims” means means: (a) any claim arising from Customer’s breach of Section 1.4 (Use Restrictions), 2.3 (Rights in Customer Data); (b) any amounts payable to third parties pursuant to Customer’s indemnification obligations under Section 2.4 (Indemnification by Customer) or AvePoint’s indemnification obligations under Section 8 (Indemnification); (c) Customer’s breach of Section 3 2.3 (OwnershipRestrictions) or Section 5 (Customer Obligations); or (d) unlawful or willful misconduct or gross negligence.,

Excluded Claims. “Excluded Claims” means means: (a) any claim arising from Customer’s breach of Section 1.4 (Use Restrictions), 2.3 (Rights in Customer Data); (b) any amounts payable to third parties pursuant to Customer’s indemnification obligations under Section 2.4 (Indemnification by Customer) or AvePoint’s indemnification obligations under Section 8 (Indemnification); (c) Customer’s breach of Section 1.3 (API Access and Customer Applications.), 1.4 (Restrictions), 3 (OwnershipCustomer Obligations.), or 5.4 (Third-Party Materials.), (b) either party’s breach of Section 13 (Confidentiality.) (but excluding claims relating to Customer Data); (c) amounts payable to third parties under Customer’s obligations in Section 12 (Indemnification.) or (d) unlawful any liabilities that cannot be excluded or willful misconduct or gross negligencelimited by Laws.

Excluded Claims. “Excluded Claims” means (a) any claim arising from Customer’s breach of Section 1.4 (Use Restrictions), 2.3 (Rights in Customer Data); (b) any amounts payable to third parties pursuant to Customer’s indemnification obligations under Section 2.4 (Indemnification Indemnifi- cation by Customer) or AvePoint’s indemnification obligations obliga- tions under Section 8 (Indemnification); (c) Customer’s breach of Section 3 (Ownership); or (d) unlawful or willful misconduct or gross negligence.negligence 7.4