Miscellaneous Claims. Applicant shall indemnify, on request defend, and hold SWBT harmless from any and all suits, claims, demands, losses, damages, liabilities, fines, penalties, and expenses, of every kind and character, made, brought, or sought against SWBT by any person or entity, arising out of or in connection with the subject matter of this Agreement and based on either:
(a) claims for taxes, municipal fees, franchise fees, right-to-use fees, and other special charges assessed on SWBT due to the placement or presence of Applicant’s facilities on or within SWBT’s poles, ducts, conduits, or rights-of-way; or
(b) claims based on the violation by Applicant of any third party’s intellectual property rights, including but not limited to claims for copyright infringement, patent infringement, or unauthorized use or transmission of television or radio broadcast programs or other program material.
Miscellaneous Claims. Attaching Party shall indemnify, on request defend, and hold SBC-13STATE harmless from any and all Claims, of every kind and character, made, brought, or sought against SBC- 13STATE by any person or entity, arising out of or in connection with the subject matter of this Agreement and based on either:
8.9.1 claims for taxes, municipal fees, franchise fees, right-to-use fees, and other special charges assessed on SBC-13STATE due to the placement or presence of Attaching Party’s facilities on or within SBC-13STATE’s poles, ducts, conduits, or rights-of-way; or
8.9.2 claims based on the violation by Attaching Party of any third party’s intellectual property rights, including but not limited to claims for copyright infringement, patent infringement, or unauthorized use or transmission of television or radio broadcast programs or other program material.
Miscellaneous Claims. Attaching Party shall indemnify, on request defend, and hold AT&T harmless from any and all Claims, of every kind and character, made, brought, or sought against AT&T by any person or entity, arising out of or in connection with the subject matter of this Agreement and based on either:
8.9.1 claims for taxes, municipal fees, franchise fees, right-to-use fees, and other special charges assessed on AT&T due to the placement or presence of Attaching Party’s facilities on or within AT&T’s poles, ducts, conduits, or rights-of-way; or
8.9.2 claims based on the violation by Attaching Party of any third party’s intellectual property rights, including but not limited to claims for copyright infringement, patent infringement, or unauthorized use or transmission of television or radio broadcast programs or other program material.
Miscellaneous Claims. Attaching Party shall indemnify, on request defend, and hold SBC-13STATE 13STATE by any person or entity, arising out of or in connection with the subject matter of this Appendix and based on either:
8.9.1 Claims for taxes, municipal fees, franchise fees, right-to-use fees, and other special charges assessed on SBC-13STATE due to the placement or presence of Attaching Party’s facilities on or within SBC-13STATE’s poles, ducts, conduits, or rights-of-way; or
8.9.2 Claims based on the violation by Attaching Party of any third party’s intellectual property rights, including but not limited to claims for copyright infringement, patent infringement, or unauthorized use or transmission of television or radio broadcast programs or other program material.
Miscellaneous Claims. Attaching Party shall indemnify, on request defend, and hold SBC-13STATE harmless from any and all Claims, of every kind and character, made, brought, or sought against SBC- 13STATE by any person or entity, arising out of or in connection with the subject matter of this Agreement and based on either:
Miscellaneous Claims. Attaching Party shall indemnify, on request defend, and hold SWBT harmless from any and all Claims, of every kind and character, made, brought, or sought against SWBT by any person or entity, arising out of or in connection with the subject matter of this Agreement and based on either:
8.9.1 claims for taxes, municipal fees, franchise fees, right-to-use fees, and other special charges assessed on SWBT due to the placement or presence of Attaching Party’s facilities on or within SWBT’s poles, ducts, conduits, or rights-of-way; or
8.9.2 claims based on the violation by Attaching Party of any third party’s intellectual property rights, including but not limited to claims for copyright infringement, patent infringement, or unauthorized use or transmission of television or radio broadcast programs or other program material.
Miscellaneous Claims. If Contractor claims that additional cost is involved because of, but not limited to: (1) any written interpretation of the Contract Documents; (2) any order by Owner to stop the Work pursuant to Article 17 where Contractor was not at fault; or (3) any written order for a minor change in the Work issued pursuant to Section 14.4, Contractor shall make such claim as provided in Section 14.3.1.
