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

Liability relating to End User Listings. 13.3.1.1 CLEC hereby releases SBC-13STATE from any and all liability for damages due to errors or omissions in CLEC’s End User listing information as provided to SBC-13STATE under this Appendix, and/or CLEC’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. In addition to any other indemnity obligations in this Agreement, CLEC shall indemnify, protect, save harmless and defend SBC-13STATE and SBC-13STATE’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 CLEC’s End User listing information, including any error or omission related to non-published or non-listed End User listing information. CLEC shall so indemnify regardless of whether the demand, claim or suit by the third party is brought jointly against CLEC and SBC-13STATE, and/or against SBC-13STATE alone. However, if such demand, claim or suit specifically alleges that an error or omission appears in CLEC’s End User listing information in the White Pages directory, SBC-13STATE may, at its option, assume and undertake its own defense, or assist in the defense of the CLEC, in which event the CLEC shall reimburse SBC-13STATE for reasonable attorney’s fees and other expenses incurred by SBC-13STATE in handling and defending such demand, claim and/or suit.

Liability relating to End User Listings. 13.3.1.1 4.4.1 CLEC hereby releases SBC-13STATE from any and all liability for damages due to errors or omissions in CLEC’s End User listing information as provided to SBC-13STATE under this Appendix, and/or CLEC’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. . 4.4.2 In addition to any other indemnity obligations in this AgreementAppendix or the Agreement to which this Appendix is attached, CLEC shall indemnify, protect, save harmless and defend SBC-13STATE and SBC-13STATE’s '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 CLEC’s End User listing information, including any error or omission related to non-published or non-listed End User listing information. CLEC shall so indemnify regardless of whether the demand, claim or suit by the third party is brought jointly against CLEC and SBC-13STATE, and/or against SBC-13STATE alone. However, if such demand, claim or suit specifically alleges that an error or omission appears in CLEC’s End User listing information in the White Pages directory, SBC-13STATE may, at its option, assume and undertake its own defense, or assist in the defense of the CLEC, in which event the CLEC shall reimburse SBC-13STATE for reasonable attorney’s fees and other expenses incurred by SBC-13STATE SBC- 13STATE in handling and defending such demand, claim and/or suit.

Liability relating to End User Listings. 13.3.1.1 4.4.1 CLEC hereby releases SBC-13STATE from any and all liability for damages due to errors or omissions in CLEC’s End User listing information as provided to SBC-13STATE under this Appendix, and/or CLEC’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. . 4.4.2 In addition to any other indemnity obligations in this AgreementAppendix or the Agreement to which this Appendix is attached, CLEC shall indemnify, protect, save harmless and defend SBC-13STATE and SBC-13STATE’s '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 CLEC’s End User listing information, Page 90 of 113 including any error or omission related to non-published or non-listed End User listing information. CLEC shall so indemnify regardless of whether the demand, claim or suit by the third party is brought jointly against CLEC and SBC-13STATE, and/or against SBC-13STATE alone. However, if such demand, claim or suit specifically alleges that an error or omission appears in CLEC’s End User listing information in the White Pages directory, SBC-13STATE may, at its option, assume and undertake its own defense, or assist in the defense of the CLEC, in which event the CLEC shall reimburse SBC-13STATE for reasonable attorney’s fees and other expenses incurred by SBC-13STATE SBC- 13STATE in handling and defending such demand, claim and/or suit.

Liability relating to End User Listings. 13.3.1.1 4.4.1 CLEC hereby releases SBC-13STATE SBC ILLINOIS from any and all liability for damages due to errors or omissions in CLEC’s End User listing information as provided to SBC-13STATE SBC ILLINOIS under this AppendixAgreement, and/or CLEC’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. . 4.4.2 In addition to any other indemnity obligations in this Agreement, and not withstanding anything to the contrary herein, CLEC shall indemnify, protect, save harmless and defend SBC-13STATE SBC ILLINOIS and SBC-13STATESBC ILLINOIS’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 CLEC’s End User listing information, including any error or omission related to non-published or non-non- listed End User listing information. CLEC shall so indemnify regardless of whether the demand, claim or suit by the third party is brought jointly against CLEC and SBC-13STATESBC ILLINOIS, and/or against SBC-13STATE SBC ILLINOIS alone. However, if such demand, claim or suit specifically alleges that an error or omission appears in CLEC’s End User listing information in the White Pages directory, SBC-13STATE SBC ILLINOIS may, at its option, assume and undertake its own defense, or assist in the defense of the CLEC, in which event the CLEC shall reimburse SBC-13STATE SBC ILLINOIS for reasonable attorney’s fees and other expenses incurred by SBC-13STATE SBC ILLINOIS in handling and defending such demand, claim and/or suit.

Liability relating to End User Listings. 13.3.1.1 CLEC hereby releases SBC-13STATE from any and all liability for damages due to errors or omissions in CLEC’s End User listing information as provided to SBC-13STATE under this Appendix, and/or CLEC’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. In addition to any other indemnity obligations in this Agreement, CLEC shall indemnify, protect, save harmless and defend SBC-13STATE and SBC-13STATE’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 CLEC’s End User listing information, including any error or omission related to non-non- published or non-listed End User listing information. CLEC shall so indemnify regardless of whether the demand, claim or suit by the third party is brought jointly against CLEC and SBC-13STATE, and/or against SBC-13STATE alone. However, if such demand, claim or suit specifically alleges that an error or omission appears in CLEC’s End User listing information in the White Pages directory, SBC-13STATE may, at its option, assume and undertake its own defense, or assist in the defense of the CLEC, in which event the CLEC shall reimburse SBC-13STATE for reasonable attorney’s fees and other expenses incurred by SBC-13STATE in handling and defending such demand, claim and/or suit.

Liability relating to End User Listings. 13.3.1.1 CLEC hereby releases SBC-13STATE from any and all liability for damages due to errors or omissions in CLEC’s End User listing information as provided to SBC-13STATE under this Appendix, and/or CLEC’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. In addition to any other indemnity obligations in this Agreement, CLEC shall indemnify, protect, save harmless and defend SBC-13STATE and SBC-13STATESBC- 13STATE’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 CLEC’s End User listing information, including any error or omission related to non-published or non-listed End User listing information. CLEC shall so indemnify regardless of whether the demand, claim or suit by the third party is brought jointly against CLEC and SBC-13STATE, and/or against SBC-13STATE alone. However, if such demand, claim or suit specifically alleges that an error or omission appears in CLEC’s End User listing information in the White Pages directory, SBC-13STATE may, at its option, assume and undertake its own defense, or assist in the defense of the CLEC, in which event the CLEC shall reimburse SBC-13STATE for reasonable attorney’s fees and other expenses incurred by SBC-13STATE in handling and defending such demand, claim and/or suit.