Common use of LIABILITY; GENERAL INDEMNITY; REIMBURSEMENT Clause in Contracts

LIABILITY; GENERAL INDEMNITY; REIMBURSEMENT. (A) Limited Liability IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF CUSTOMERS OR CLIENTS, LOSS OF GOODWILL OR LOSS OF PROFITS ARISING IN ANY MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER. (B) General Indemnity In the event parties other than Customer (e.g., Customer's End Users) shall have use of the Switched Services through Customer, then Customer agrees to forever indemnify and hold WorldCom, its affiliated companies and any third-party provider or operator of facilities employed in provision of the Switched Services harmless from and against any and all claims, demands, suits, actions, losses, damages, assessments or payments which those parties may assert arising out of or relating to any defect in the Switched Services. (C) Reimbursement Customer agrees to reimburse WorldCom for all reasonable costs and expenses incurred by WorldCom due to WorldCom's direct participation (either as a party or witness) in any administrative, regulatory or criminal proceeding concerning Customer if WorldCom's involvement in said proceeding is based solely on WorldCom's provision of Switched Services to Customer.

LIABILITY; GENERAL INDEMNITY; REIMBURSEMENT. (A) Limited Liability IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF CUSTOMERS OR CLIENTS, LOSS OF GOODWILL OR LOSS OF PROFITS ARISING IN ANY MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER. (B) General Indemnity In the event parties other than Customer (e.g., Customer's End Users) shall have use of the Switched Services through Customer, then Customer agrees to forever indemnify and hold MCI WorldCom, its affiliated companies and any third-party provider or operator of facilities employed in provision of the Switched Services harmless from and against any and all claims, demands, suits, actions, losses, damages, assessments or payments which those parties may assert arising out of or relating to any defect in the Switched ServicesServices or MCI WorldCom's provision or nonprovision of Switched Services under this Agreement. (C) Reimbursement Customer agrees to reimburse MCI WorldCom for all reasonable costs and expenses incurred by MCI WorldCom due to MCI WorldCom's direct participation (either as a party or witness) in any administrative, regulatory or criminal proceeding concerning Customer if MCI WorldCom's involvement in said proceeding is based solely on MCI WorldCom's provision of Switched Services to Customer.

LIABILITY; GENERAL INDEMNITY; REIMBURSEMENT. (A) Limited Liability LIMITED LIABILITY IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF CUSTOMERS OR CLIENTS, LOSS OF GOODWILL OR LOSS OF PROFITS ARISING IN ANY MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER. (B) General Indemnity GENERAL INDEMNITY In the event parties other than Customer (e.g., Customer's End Users) shall have use of the Switched Services through Customer, then Customer agrees to forever indemnify and hold WorldCom, its affiliated companies and any third-party provider or operator of facilities employed in provision of the Switched Services harmless from and against any and all claims, demands, suits, actions, losses, damages, assessments or payments which those parties may assert arising out of or relating to any defect in the Switched Services. (C) Reimbursement REIMBURSEMENT Customer agrees to reimburse WorldCom for all reasonable costs and expenses incurred by WorldCom due to WorldCom's direct participation (either as a party or witness) in any administrative, regulatory or criminal proceeding concerning Customer if WorldCom's involvement in said proceeding is based solely on WorldCom's provision of Switched Services to Customer.

LIABILITY; GENERAL INDEMNITY; REIMBURSEMENT. (A) Limited Liability IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF CUSTOMERS OR CLIENTS, LOSS OF GOODWILL OR LOSS OF PROFITS ARISING IN ANY MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER. (B) General Indemnity In the event parties other than Customer (e.g., Customer's Customer End Users) shall have use of the Switched Services through Customer, then Customer agrees to forever indemnify and hold WorldComWilTel, its affiliated companies and any third-party provider or operator of facilities employed in provision of the Switched Services harmless from and against any and all claims, demands, suits, actions, losses, damages, assessments or payments which those parties may assert arising out of or relating to any defect in the Switched Services. (C) Reimbursement Customer agrees to reimburse WorldCom WilTel for all reasonable costs and expenses incurred by WorldCom WilTel due to WorldComWilTel's direct participation (either as a party or witness) in any administrative, regulatory or criminal proceeding concerning Customer if WorldComWilTel's involvement in said proceeding is based solely on WorldComWilTel's provision of Switched Services to Customer.

LIABILITY; GENERAL INDEMNITY; REIMBURSEMENT. (A) Limited Liability IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF CUSTOMERS OR CLIENTS, LOSS OF GOODWILL OR LOSS OF PROFITS ARISING IN ANY MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER. (B) General Indemnity In the event parties other than Customer (e.g., Customer's End Users) shall have use of the Switched Services Service through Customer, then Customer agrees to forever indemnify and hold WorldComWilTel, its affiliated companies and any third-party provider or operator of facilities employed in provision of the Switched Services Service harmless from and against any and all claims, demands, suits, actions, losses, damages, assessments or payments which those parties may assert arising out of or relating to any defect in the Switched ServicesService. (C) Reimbursement Customer agrees to reimburse WorldCom WilTel for all reasonable costs and expenses incurred by WorldCom WilTel due to WorldComWilTel's direct participation (either as a party or witness) in any administrative, regulatory or criminal proceeding concerning Customer if WorldComWilTel's involvement in said proceeding is based solely on WorldComWilTel's provision of Switched Services to Customer.

LIABILITY; GENERAL INDEMNITY; REIMBURSEMENT. (A) Limited Liability IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF CUSTOMERS OR CLIENTS, LOSS OF GOODWILL OR LOSS OF OR PROFITS ARISING IN ANY MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER. (B) General Indemnity In the event parties other than Customer (e.g., Customer's End Users) shall have use of the Switched Services through Customer, then Customer agrees to forever indemnify and hold MCI WorldCom, its affiliated companies and any third-party provider or operator of facilities employed in provision of the Switched Services harmless from and against any and all claims, demands, suits, actions, losses, damages, assessments or payments which those parties may assert arising out of or * CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. relating to any defect in the Switched ServicesServices or MCI WorldCom's provision or nonprovision of Switched Services under this Agreement. (C) Reimbursement Customer agrees to reimburse MCI WorldCom for all reasonable costs and expenses incurred by MCI WorldCom due to MCI WorldCom's direct participation (either as a party or witness) in any administrative, regulatory or criminal proceeding concerning Customer if MCI WorldCom's involvement in said proceeding is based solely on MCI WorldCom's provision of Switched Services to Customer.

LIABILITY; GENERAL INDEMNITY; REIMBURSEMENT. (A) Limited Liability 9.1 IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF CUSTOMERS OR CLIENTSCUSTOMERS, LOSS OF GOODWILL GOODWILL, OR LOSS OF PROFITS ARISING IN ANY MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER. (B) General Indemnity 9.2 In the event parties other than Customer (e.g., e.g. Customer's End Users) shall have use of the Switched Services Service through Customer, then the Customer agrees to forever indemnify and hold WorldCom, its affiliated companies and any third-third party provider or operator of facilities employed in the provision of the Switched Services Service harmless from and against any and all claims, demands, suits, actions, losses, damages, assessments or payments payments, which those parties may assert arising out of or relating to any defect in the Switched ServicesService. (C) Reimbursement 9.3 Customer agrees to reimburse WorldCom for all reasonable costs and expenses incurred by WorldCom due to WorldCom's direct participation (either as a party or a witness) in any administrative, regulatory regulatory, or criminal proceeding concerning Customer if WorldCom's involvement in said proceeding is based solely on WorldCom's provision of Switched Services Service to Customer.

LIABILITY; GENERAL INDEMNITY; REIMBURSEMENT. (A) Limited Liability 9.1 IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF CUSTOMERS OR CLIENTSCUSTOMERS, LOSS OF GOODWILL GOODWILL, OR LOSS OF PROFITS ARISING IN ANY MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER. (B) General Indemnity 9.2 In the event parties other than Customer (e.g., e.g. Customer's End Users) shall have use of the Switched Services Service through Customer, then Customer agrees to forever indemnify and hold WorldCom, its affiliated companies and any third-third party provider or operator of facilities employed in the provision of the Switched Services Service harmless from and against any and all claims, demands, suits, actions, losses, damages, assessments or payments payments, which those parties may assert arising out of or relating to any defect in the Switched ServicesService. (C) Reimbursement 9.3 Customer agrees to reimburse WorldCom for all reasonable costs and expenses incurred by WorldCom due to WorldCom's direct participation (either as a party or a witness) in any administrative, regulatory regulatory, or criminal proceeding concerning Customer if WorldCom's involvement in said proceeding is based solely on WorldCom's provision of Switched Services Service to Customer.

LIABILITY; GENERAL INDEMNITY; REIMBURSEMENT. (A) Limited Liability IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE TO ----------------- THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF CUSTOMERS OR CLIENTS, LOSS OF GOODWILL OR LOSS OF PROFITS ARISING IN ANY MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER. (B) General Indemnity In the event parties other than Customer (e.g., ----------------- Customer's End Users) shall have use of the Switched Services through Customer, then Customer agrees to forever indemnify and hold WorldComWilTel, its affiliated companies and any third-party provider or operator of facilities employed in provision of the Switched Services harmless from and against any and all claims, demands, suits, actions, losses, damages, assessments or payments which those parties may assert arising out of or relating to any defect in the Switched Services. (C) Reimbursement Customer agrees to reimburse WorldCom WilTel for all reasonable ------------- costs and expenses incurred by WorldCom WilTel due to WorldComWilTel's direct participation (either as a party or witness) in any administrative, regulatory or criminal proceeding concerning Customer if WorldComWilTel's involvement in said proceeding is based solely on WorldComWilTel's provision of Switched Services to Customer.