Common use of Liability relating to End User Listings Clause in Contracts

Liability relating to End User Listings. 2.3.4.1 The requesting Party hereby releases the requested Party from any and all liability for damages due to errors or omissions in the requesting Party’s End User listing information as provided to the requested Party under this Attachment, and/or the requesting Party’s End User listing information as it appears in the White Pages directory, including, but not limited to, special, indirect, consequential, punitive or incidental damages. 2.3.4.2 In addition to any other indemnity obligations in this Attachment or the Agreement to which this Attachment is attached, the requesting Party shall indemnify, protect, save harmless and defend the requested Party and the requested Party's officers, employees, agents, representatives and assigns from and against any and all losses, liability, damages and expense arising out of any demand, claim, suit or judgment by a Third Party in any way related to any error or omission in the requesting Party’s End User listing information, including any error or omission related to non-published or non-listed End User listing information. The requesting Party shall so indemnify regardless of whether the demand, claim or suit by the third party is brought jointly against the requesting Party and the requested Party, and/or against the requested Party alone. However, if such demand, claim or suit specifically alleges that an error or omission appears in the requesting Party’s End User listing information in the White Pages directory, the requested Party may, at its option, assume and undertake its own defense, or assist in the defense of the requesting Party. 2.3.4.3 AT&T will include the listing information for CLEC’s customers for Resale services in AT&T’ White Pages directory data base in the same manner as it includes listing information for AT&T’ end user customers. 2.3.4.4 CLEC’s subscriber listings are to be interfiled (interspersed) with AT&T’ and other subscriber listings in the White Pages directory with no discernible differentiation in the listings to indicate to the reader that the listings are served by another LSP. 2.3.4.5 AT&T will deliver one copy per primary End User listing of AT&T’ White Pages directory in the same manner and at the same time that they are delivered to AT&T’ subscribers.

Appears in 9 contracts

Samples: MFN Agreement, Interconnection Agreement, Interconnection Agreement

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Liability relating to End User Listings. 2.3.4.1 The requesting Party hereby releases the requested Party from any and all liability for damages due to errors or omissions in the requesting Party’s End User listing information as provided to the requested Party under this Attachment, and/or the requesting Party’s End User listing information as it appears in the White Pages directory, including, but not limited to, special, indirect, consequential, punitive or incidental damages. 2.3.4.2 In addition to any other indemnity obligations in this Attachment or the Agreement to which this Attachment is attached, the requesting Party shall indemnify, protect, save harmless and defend the requested Party and the requested Party's officers, employees, agents, representatives and assigns from and against any and all losses, liability, damages and expense arising out of any demand, claim, suit or judgment by a Third Party in any way related to any error or omission in the requesting Party’s End User listing information, including any error or omission related to non-published or non-listed End User listing information. The requesting Party shall so indemnify regardless of whether the demand, claim or suit by the third party is brought jointly against the requesting Party and the requested Party, and/or against the requested Party alone. However, if such demand, claim or suit specifically alleges that an error or omission appears in the requesting Party’s End User listing information in the White Pages directory, the requested Party may, at its option, assume and undertake its own defense, or assist in the defense of the requesting Party. 2.3.4.3 AT&T will include the listing information for CLEC’s customers for Resale services in AT&T’ White Pages directory data base in the same manner as it includes listing information for AT&T’ end user customers. 2.3.4.4 CLEC’s subscriber listings are to be interfiled (interspersed) with AT&T’s and other subscriber listings in the White Pages directory with no discernible differentiation in the listings to indicate to the reader that the listings are served by another LSP. 2.3.4.5 AT&T will deliver one copy per primary End User listing of AT&T’s White Pages directory in the same manner and at the same time that they are delivered to AT&T’ subscribers.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Liability relating to End User Listings. 2.3.4.1 The requesting Party hereby releases the requested Party from any and all liability for damages due to errors or omissions in the requesting Party’s End User listing information as provided to the requested Party under this Attachment, and/or the requesting Party’s End User listing information as it appears in the White Pages directory, including, but not limited to, special, indirect, consequential, punitive or incidental damages. 2.3.4.2 In addition to any other indemnity obligations in this Attachment or the Agreement to which this Attachment is attached, the requesting Party shall indemnify, protect, save harmless and defend the requested Party and the requested Party's officers, employees, agents, representatives and assigns from and against any and all losses, liability, damages and expense arising out of any demand, claim, suit or judgment by a Third Party in any way related to any error or omission in the requesting Party’s End User listing information, including any error or omission related to non-published or non-listed End User listing information. The requesting Party shall so indemnify regardless of whether the demand, claim or suit by the third party is brought jointly against the requesting Party and the requested Party, and/or against the requested Party alone. However, if such demand, claim or suit specifically alleges that an error or omission appears in the requesting Party’s End User listing information in the White Pages directory, the requested Party may, at its option, assume and undertake its own defense, or assist in the defense of the requesting Party. 2.3.4.3 AT&T will include the listing information for CLEC’s customers for Resale services in AT&T’s White Pages directory data base in the same manner as it includes listing information for AT&T’s end user customers. 2.3.4.4 CLEC’s subscriber listings are to be interfiled (interspersed) with AT&T’s and other subscriber listings in the White Pages directory with no discernible differentiation in the listings to indicate to the reader that the listings are served by another LSP. 2.3.4.5 AT&T will deliver one copy per primary End User listing of AT&T’s White Pages directory in the same manner and at the same time that they are delivered to AT&T’s subscribers.

Appears in 1 contract

Samples: Interconnection Agreement

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Liability relating to End User Listings. 2.3.4.1 The requesting Party hereby releases the requested Party from any and all liability for damages due to errors or omissions in the requesting Party’s End User listing information as provided to the requested Party under this Attachment, and/or the requesting Party’s End User listing information as it appears in the White Pages directory, including, but not limited to, special, indirect, consequential, punitive or incidental damages. 2.3.4.2 In addition to any other indemnity obligations in this Attachment or the Agreement to which this Attachment is attached, the requesting Party shall indemnify, protect, save harmless and defend the requested Party and the requested Party's officers, employees, agents, representatives and assigns from and against any and all losses, liability, damages and expense arising out of any demand, ,claim, suit or judgment by a Third Party in any way related to any error or omission in the requesting Party’s End User listing information, including any error or omission related to non-published or non-listed End User listing information. The Page 63 of 396 requesting Party shall so indemnify regardless of whether the demand, claim or suit by the third party is brought jointly against the requesting Party and the requested Party, and/or against the requested Party alone. However, if such demand, claim or suit specifically alleges that an error or omission appears in the requesting Party’s End User listing information in the White Pages directory, the requested Party may, at its option, assume and undertake its own defense, or assist in the defense of the requesting Party. 2.3.4.3 AT&T will include the listing information for CLEC’s customers for Resale services in AT&T’s White Pages directory data base in the same manner as it includes listing information for AT&T’ end AT&T’send user customers. 2.3.4.4 CLEC’s subscriber listings are to be interfiled (interspersed) with AT&T’ and other subscriber listings in the White Pages directory with no discernible differentiation in the listings to indicate to the reader that the listings are served by another LSP. 2.3.4.5 AT&T will deliver one copy per primary End User listing of AT&T’s White Pages directory in the same manner and at the same time that they are delivered to AT&T’ subscribersAT&T’subscribers.

Appears in 1 contract

Samples: MFN Agreement

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