Common use of Obligation to Indemnify Clause in Contracts

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End User’s name, address or telephone number. 7.3.3 Each Party makes no warranties, express or implied, concerning the other Party’s (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other Party’s interconnection with such Party’s network use or receipt of such Party’s services. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users end users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End Userend user’s name, address or telephone number. 7.3.3 Each Party ALLTEL makes no warranties, express or implied, concerning the other PartyICG’s (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other PartyICG’s interconnection with such PartyALLTEL’s network use or receipt of such Party’s ALLTEL services. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. ‌ 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users end users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End Userend user’s name, address or telephone number. 7.3.3 Each Party ALLTEL makes no warranties, express or implied, concerning the other PartySPRINT’s (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other PartySPRINT’s interconnection with such PartyALLTEL’s network use or receipt of such Party’s ALLTEL services. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified (“Indemnified Party”) and held harmless by the other Party (“Indemnifying Party”) against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Indemnifying Party in connection with its performance or non- non-performance under his this Agreement; and (ii) provision of the indemnifying Indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Indemnifying Party's services to its End Users (e.g., claims for interruption of service, quality of service or billing disputes) unless except to the extent such act or omission was caused by the negligence or willful misconduct of the indemnified Indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End User’s name, address or telephone number. 7.3.3 Each Neither Party makes no any warranties, express or implied, concerning the other Party’s its respective (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with their respective interconnection with the other Party’s interconnection with such Party’s network use or receipt of such the other Party’s services. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified (“Indemnified Party”) and held harmless by the other Party (“Indemnifying Party”) against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Indemnifying Party in connection with its performance or non- non-performance under his this Agreement; and (ii) provision of the indemnifying Indemnifying Party's services or equipment, including but not limited except to claims arising from the provision of the indemnifying Party's services to its End Users (e.g., claims for interruption of service, quality of service or billing disputes) unless extent such act or omission was caused by the negligence or willful misconduct of the indemnified Indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End User’s name, address or telephone number. 7.3.3 Each Neither Party makes no any warranties, express or implied, concerning the other Party’s its respective (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with their respective interconnection with the other Party’s interconnection with such Party’s network use or receipt of such the other Party’s services. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; (ii) actual or alleged infringement by the indemnifying Party of any patent, trademark, copyright, service xxxx, trade name, trade secret or intellectual property right (now known or later developed), and (iiiii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users end users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party). Each Party shall also be indemnified and held harmless by the other Party against claims and damages Claims of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying other Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End User’s name, address or telephone number, address, or name associated with the telephone called or the telephone used in connection with any services herein. 7.3.3 Each Neither Party makes no warrantiesany warranty, express or implied, concerning the other either Party’s (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other either Party’s interconnection right to interconnect. Section 7.3.3 applies solely to this Agreement. Nothing in this Section will be deemed to supersede or replace any other agreements, if any, between the Parties with such Partyrespect to either party’s network use intellectual property or receipt of such Party’s servicescontract rights. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, costs or other expenses, including reasonable attorneys’ ' fees (“Claims”), that are asserted, suffered, suffered or made by third parties arising from from: (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; (ii) actual or alleged infringement by the indemnifying Party of any patent, trademark, copyright, service xxxx, trade name, trade secret or intellectual property right (now known or later developed); and (iiiii) provision of the indemnifying Party's services or equipment, including including, but not limited to to, claims arising from the provision of the indemnifying Party's services to its End Users end users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party). Each Party shall also be indemnified and held harmless by the other Party against claims and damages Claims of persons for services furnished by the indemnifying Party or by any of its subcontractors, subcontractors under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, indemnify and hold harmless the other Party from any claims, demands or suits that asserts assert any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying other Party's employees and equipment associated with the provision of any service herein. This provision includes includes, but is not limited to to, suits arising from unauthorized disclosure of the End User’s nametelephone number, address or name associated with the telephone numbercalled or the telephone used in connection with any services herein. 7.3.3 Each Neither Party makes no warrantiesany warranty, express or implied, concerning the other either Party’s (or any third party’s) rights with respect to intellectual property (including including, without limitation, patent, copyright and trade secret rights) or contract rights associated with the other either Party’s interconnection right to interconnect. This Section 7.3.3 applies solely to this Agreement. Nothing in this Section will be deemed to supersede or replace other agreements, if any, between the Parties with such respect to either Party’s network use intellectual property or receipt of such Party’s servicescontract rights. 7.3.4 When the lines or services of other companies and carriers another company or carrier are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the such other companies company or carrierscarrier.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from from: (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including including, but not limited to to, claims arising from the provision of the indemnifying Party's services to its End Users end users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End Userend user’s name, address or telephone number. 7.3.3 Each Party ALLTEL makes no warranties, express or implied, concerning the other PartyLevel 3’s (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other PartyLevel 3’s interconnection with such PartyALLTEL’s network use or receipt of such Party’s ALLTEL services. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; (ii) actual or alleged infringement by the indemnifying Party of any patent, trademark, copyright, service xxxx, trade name, trade secret or intellectual property right (now known or later developed), and (iiiii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users end users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party). Each Party shall also be indemnified and held harmless by the other Party against claims and damages Claims of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying other Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End User’s name, address or telephone number, address, or name associated with the telephone called or the telephone used in connection with any services herein. 7.3.3 Each Party ALLTEL makes no warranties, express or implied, concerning the other PartyNEXTEL PARTNERS’s (or any third party’s) rights with respect to intellectual property (including including, without limitation, patent, copyright and trade secret rights) or contract rights associated with NEXTEL PARTNERS’s rights to interconnect with ALLTEL’s network. Section 7.3.3 applies solely to this Agreement. Nothing in this Section will be deemed to supersede or replace any other agreements, if any, between the other PartyParties with respect to NEXTEL PARTNERS’s interconnection with such Party’s network use intellectual property or receipt of such Party’s servicescontract rights. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Except as otherwise expressly provided herein or in specific appendices, each Party shall be indemnified responsible only for the Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products and held harmless services which are provided by that Party, its authorized agents, subcontractors, or others retained by such Party, and neither Party shall bear any responsibility for the Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products and services provided by the other Party against claimsParty, lossesits agents, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, sufferedsubcontractors, or made others retained by third parties such Party. 7.3.2 Except as otherwise expressly provided herein or in specific appendices, and to the extent not prohibited by Applicable Law and not otherwise controlled by Interconnection Agreement-ARKANSAS/SOUTHWESTERN BELL TELEPHONE, L.P. tariff, each Party (the “Indemnifying Party”) shall release, defend and indemnify the other Party (the “Indemnified Party”) and hold such Indemnified Party harmless against any Loss to a Third Party arising from (i) any act or omission out of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct (“Fault”) of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each such Indemnifying Party, as an Indemnifying Party agrees to releaseits agents, defendits End Users, indemnifycontractors, and hold harmless the other Party from any claimsor others retained by such Parties, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by in connection with the Indemnifying Party's employees and equipment associated with the ’s provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End User’s nameInterconnection, address or telephone number. 7.3.3 Each Party makes no warrantiesResale Services, express or implied251(c)(3) Unbundled Network Elements, concerning the other Party’s functions, facilities, products and services under this Agreement; provided, however, that (or any third party’si) rights with respect to intellectual property employees or agents of the Indemnifying Party, such Fault occurs while performing within the scope of their employment, (including without limitationii) with respect to subcontractors of the Indemnifying Party, patentsuch Fault occurs in the course of performing duties of the subcontractor under its subcontract, copyright and trade secret rights(iii) with respect to the Fault of employees or contract rights associated with the other Party’s interconnection with such Party’s network use or receipt agents of such Party’s services. 7.3.4 When subcontractor, such Fault occurs while performing within the lines or services scope of other companies and carriers are used in establishing connections their employment by the subcontractor with respect to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission such duties of the other companies or carrierssubcontractor under the subcontract.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- non-performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End User’s name, address or telephone number. 7.3.3 Each Party Windstream makes no warranties, express or implied, concerning the other PartySouthEast’s (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other PartySouthEast’s interconnection with such PartyWindstream’s network use or receipt of such Party’s Windstream services.. SouthEast Telephone, Inc. DATE 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Except as otherwise expressly provided herein or in specific appendices, each Party shall be indemnified responsible only for the Interconnection, Resale Services, Lawful Unbundled Network Elements, functions, facilities, products and held harmless services which are provided by that Party, its authorized agents, subcontractors, or others retained by such Party, and neither Party shall bear any responsibility for the Interconnection, Resale Services, Lawful Unbundled Network Elements, functions, facilities, products and services provided by the other Party against claimsParty, lossesits agents, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, sufferedsubcontractors, or made others retained by third parties such Party. 7.3.2 Except as otherwise expressly provided herein or in specific appendices, and to the extent not prohibited by Applicable Law and not otherwise controlled by tariff, each Party (the “Indemnifying Party”) shall release, defend and indemnify the other Party (the “Indemnified Party”) and hold such Indemnified Party harmless against any Loss to a Third Party arising from (i) any act or omission out of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct (“Fault”) of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each such Indemnifying Party, as an Indemnifying Party agrees to releaseits agents, defendits End Users, indemnifycontractors, and hold harmless the other Party from any claimsor others retained by such Parties, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by in connection with the Indemnifying Party's employees and equipment associated with the ’s provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End User’s nameInterconnection, address or telephone number. 7.3.3 Each Party makes no warrantiesResale Services, express or impliedLawful Unbundled Network Elements, concerning the other Party’s functions, facilities, products and services under this Agreement; provided, however, that (or any third party’si) rights with respect to intellectual property employees or agents of the Indemnifying Party, such Fault occurs while performing within the scope of their employment, (including without limitationii) with respect to subcontractors of the Indemnifying Party, patentsuch Fault occurs in the course of performing duties of the subcontractor under its subcontract, copyright and trade secret rights(iii) with respect to the Fault of employees or contract rights associated with the other Party’s interconnection with such Party’s network use or receipt agents of such Party’s services. 7.3.4 When subcontractor, such Fault occurs while performing within the lines or services scope of other companies and carriers are used in establishing connections their employment by the subcontractor with respect to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission such duties of the other companies or carrierssubcontractor under the subcontract.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users end users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End Userend user’s name, address or telephone number. 7.3.3 Each Party ALLTEL makes no warranties, express or implied, concerning the other PartyNOS’s (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other PartyNOS’s interconnection with such PartyALLTEL’s network use or receipt of such Party’s ALLTEL services. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users end users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End Userend user’s name, address or telephone number. 7.3.3 Each Party ALLTEL makes no warranties, express or implied, concerning the other PartyUS LEC’s (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other PartyUS LEC’s interconnection with such PartyALLTEL’s network use or receipt of such Party’s ALLTEL services. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End User’s name, address or telephone number. 7.3.3 Each Party Windstream makes no warranties, express or implied, concerning the other PartyDialog Telecommunications’s (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other PartyDialog Telecommunications’s interconnection with such PartyWindstream’s network use or receipt of such Party’s Windstream services. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users end users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End Userend user’s name, address or telephone number. 7.3.3 Each Party ALLTEL makes no warranties, express or implied, concerning the other Party’s AT&T (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other Party’s AT&T interconnection with such PartyALLTEL’s network use or receipt of such Party’s ALLTEL services. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- non-performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End User’s name, address or telephone number. 7.3.3 Each Party Windstream makes no warranties, express or implied, concerning the other PartySouthEast’s (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other Party’s interconnection with such Party’s network use or receipt of such Party’s Windstream services. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines. SouthEast Telephone, neither Party shall be liable for any act or omission of the other companies or carriers.Inc. DATE

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users end users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End Userend user’s name, address or telephone number. 7.3.3 Each Party ALLTEL makes no warranties, express or implied, concerning the other Party’s MCIW (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other Party’s MCIW interconnection with such PartyALLTEL’s network use or receipt of such Party’s services.ALLTEL services.‌ 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified will and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party hereby agrees to release, defenddefend at the other's request, indemnify, and hold harmless the other Party from and each of its officers, directors, employees, and agents (each, an Indemnitee) against and in respect of any claimsloss, demands debt, liability, damage, obligation, claim, demand, judgment, or suits that asserts settlement of any infringement nature or invasion kind, known or unknown, liquidated or unliquidated, including without limitation all reasonable costs and expenses incurred (legal, account or otherwise) (collectively, Damages) arising out of, resulting Interconnection Agreement-MO(M2A) General Terms and Conditions Page 9 of privacy 41 021601 from, or confidentiality based upon any pending or threatened claim, action, proceeding or suit by any third party (a Claim) (i) alleging any omissions, breach of any representation, warranty, or covenant made by such indemnifying Party (the Indemnifying Party) in this Agreement, (ii) based upon injuries or damages to any person or persons caused property or claimed to be caused, directly the environment arising out of or indirectly, by in connection with this Agreement that are the result of the Indemnifying Party's employees actions, breach of Applicable Law, or the actions, omissions or status of its employees, agents, and equipment associated with subcontractors. 7.3.1.1 In the provision case of any loss alleged or made by an end user of either Party, the Party whose end user alleged or made such loss (Indemnifying Party) shall defend and indemnify the other party (Indemnified Party) against any and all such claims or loss by its end users regardless of whether the underlying service herein. This provision includes but is not limited to suits arising from unauthorized disclosure was provided or unbundled element was provisioned by the Indemnified Party, unless the loss was caused by the gross negligence or intentional or willful misconduct or breach of applicable law of the End User’s nameother (Indemnified) Party. 7.3.2 CLEC acknowledges that its right under this Agreement to interconnect with SWBT's Missouri network and to unbundle and/or combine SWBT's network elements (including combining with CLEC's network elements) may be subject to or limited by Intellectual Property rights (including without limitation, address or telephone numberpatent, copyright, trade secret, trade xxxx, service xxxx, trade name and trade dress rights) and contract rights of third parties. 7.3.3 Each The Parties acknowledge that on April 27, 2000, the FCC released its Memorandum Opinion and Order in CC Docket Xx. 00-00 (Xxxx Xx. XXXXxx. 00-0), XX THE MATTER OF PETITION OF MCI FOR DECLARATORY RULING. Absent any stay, reconsideration or appeal, such Order will become effective thirty (30) days following the future publication of such Order in the Federal Register. The Parties further acknowledge and agree that by executing this Agreement, neither Party waives any of its rights, remedies, or arguments with respect to such decision and any remand thereof, including its right to seek legal review or a stay pending appeal of such decision. 7.3.3.1 When the Order referenced in Section 7.3.3 (or any reconsideration or appeal therefrom) is effective, SWBT agrees to use its best efforts to obtain for CLEC, under commercially reasonable terms, Intellectual Property rights to each unbundled network element necessary for CLEC to use such unbundled network element in the same manner as SWBT. 7.3.3.2 SWBT shall have no obligation to attempt to obtain for CLEC any Intellectual Property right(s) that would permit CLEC to use any unbundled network element in a different manner than used by SWBT. 7.3.3.3 When the Order referenced in Section 7.3.3 (or any reconsideration or appeal therefrom) is effective, to the extent not prohibited by a contract with the vendor Interconnection Agreement-MO(M2A) General Terms and Conditions Page 10 of 41 021601 of the network element sought by CLEC that contains Intellectual Property licenses, SWBT shall reveal to CLEC the name of the vendor, the Intellectual Property rights licensed to SWBT under the vendor contract and the terms of the contract (excluding cost terms). SWBT shall, at CLEC's request, contact the vendor to attempt to obtain permission to reveal additional contract details to CLEC. 7.3.4 SWBT hereby conveys no licenses to use such Intellectual Property rights and makes no warranties, express or implied, concerning the other Party’s CLEC's (or any third party’s's) rights with respect to intellectual property such Intellectual Property rights and contract rights, including whether such rights will be violated by such interconnection or unbundling and/or combining of network elements (including without limitationcombining with CLEC's network elements) in SWBT's network or CLEC's use of other functions, patentfacilities, copyright and trade secret rights) products or contract services furnished under this Agreement. Any licenses or warranties for Intellectual Property rights associated with unbundled network elements are vendor licenses and warranties and are a part of the other Party’s Intellectual Property rights SWBT agrees in Section 7.3.3.1 to use its best efforts to obtain. 7.3.5 SWBT does not and shall not indemnify, defend or hold CLEC harmless, nor be responsible for indemnifying or defending, or holding CLEC harmless, for any Claims or Damages for actual or alleged infringement of any Intellectual Property right or interference with or violation of any contract right that arises out of, is caused by, or relates to CLEC's interconnection with such Party’s SWBT's network and unbundling and/or combining SWBT's network elements (including combining with CLEC's network elements) or CLEC's use of other functions, facilities, products or receipt services furnished under this Agreement. Any indemnities for Intellectual Property rights associated with unbundled network elements shall be vendor's indemnities and are a part of such Party’s servicesthe Intellectual Property rights SWBT agrees in Section 7.3.3.1 to use its best efforts to obtain. 7.3.4 When the lines 7.3.6 CLEC hereby agrees to release, indemnify and hold SWBT harmless from and against all Damages arising out of, caused by, or relating to any Claim that CLEC's interconnection with SWBT's network, or CLEC's use of SWBT's network elements, or unbundling and/or combining of SWBT's network elements (including combining with CLEC's network elements) or CLEC's use of other functions, facilities, products or services furnished under this Agreement violates or infringes upon any third party Intellectual Property rights or constitutes a breach of other companies contract rights of third parties. 7.3.7 All costs associated with the extension of Intellectual Property rights to CLEC pursuant to Section 7.3.3.1, including the cost of the license extension itself and carriers are used in establishing connections the costs associated with the effort to and/or from points not reached by a Party's linesobtain the license, neither Party shall be liable for any act or omission a part of the other companies or carriers.cost of providing the unbundled network element to which the Intellectual Property rights relate and apportioned to all requesting carriers using that unbundled network element including SWBT. Interconnection Agreement-MO(M2A) General Terms and Conditions Page 11 of 41 021601

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from from (i) any act or omission of the indemnifying Party in connection with its performance or non- non-performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users end users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End Userend user’s name, address or telephone number. 7.3.3 Each Party ALLTEL makes no warranties, express or implied, concerning the other PartyKMC’s (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other PartyKMC’s interconnection with such PartyALLTEL’s network use or receipt of such Party’s ALLTEL services. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End User’s name, address or telephone number. 7.3.3 Each Party Windstream makes no warranties, express or implied, concerning the other PartyAlliance Connect’s (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other PartyAlliance Connect’s interconnection with such PartyWindstream’s network use or receipt of such Party’s Windstream services. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; (ii) actual or alleged infringement by the indemnifying Party of any patent, trademark, copyright, service xxxx, trade name, trade secret or intellectual property right (now known or later developed), and (iiiii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users end users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party). Each Party shall also be indemnified and held harmless by the other Party against claims and damages Claims of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying other Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End User’s name, address or telephone number, address, or name associated with the telephone called or the telephone used in connection with any services herein. 7.3.3 Each Party ALLTEL makes no warranties, express or implied, concerning the other PartyTritel’s (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with Tritel’s rights to interconnect with ALLTEL’s network. Section 7.3.3 applies solely to this Agreement. Nothing in this Section will be deemed to supersede or replace any other agreements, if any, between the other PartyParties with respect to Tritel’s interconnection with such Party’s network use intellectual property or receipt of such Party’s servicescontract rights. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End User’s name, address or telephone number. 7.3.3 Each Party Windstream makes no warranties, express or implied, concerning the other Party’s XxXxxx’x (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other Party’s XxXxxx’x interconnection with such PartyWindstream’s network use or receipt of such Party’s Windstream services. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End User’s name, address or telephone number. 7.3.3 Each Neither Party makes no any warranties, express or implied, concerning the other Party’s (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other Party’s interconnection with such Party’s network use or receipt of such Party’s servicesrights. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Except as otherwise expressly provided herein or in specific appendices, each Party shall be indemnified responsible only for the Interconnection, Resale Services, Lawful Unbundled Network Elements, functions, facilities, products and held harmless services which are provided by that Party, its authorized agents, subcontractors, or others retained by such Party, and neither Party shall bear any responsibility for the Interconnection, Resale Services, Lawful Unbundled Network Elements, functions, facilities, products and services provided by the other Party, its agents, subcontractors, or others retained by such Party. 7.3.2 Except as otherwise expressly provided herein or in specific appendices, and to the extent not prohibited by Applicable Law and not otherwise controlled by tariff, each Party (the “Indemnifying Party”) shall release, defend and indemnify the other Party (the “Indemnified Party”) and hold such Indemnified Party harmless against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees any Loss to a Third Party arising out of the negligence or willful misconduct (“ClaimsFault”)) of such Indemnifying Party, assertedits agents, sufferedits End Users, contractors, or made others retained by third parties arising from such Parties, in connection with the Indemnifying Party’s provision of Interconnection, Resale Services, Lawful Unbundled Network Elements, functions, facilities, products and services under this Agreement; provided, however, that (i) with respect to employees or agents of the Indemnifying Party, such Fault occurs while performing within the scope of their employment, (ii) with respect to subcontractors of the Indemnifying Party, such Fault occurs in the course of performing duties of the subcontractor under its subcontract, and (iii) with respect to the Fault of employees or agents of such subcontractor, such Fault occurs while performing within the scope of their employment by the subcontractor with respect to such duties of the subcontractor under the subcontract. 7.3.3 A Party (the "Indemnifying Party") shall defend, indemnify and hold harmless the other Party (“Indemnified Party”) against any Claim or Loss arising from the Indemnifying Party’s use of Interconnection, Resale Services, Lawful Unbundled Network Elements, functions, facilities, products and services provided under this Agreement involving: 7.3.3.1 Any Claim or Loss arising from such Indemnifying Party’s use of Interconnection, Resale Services, Lawful Unbundled Network Elements, functions, facilities, products and services offered under this Agreement, involving any Claim for libel, slander, invasion of privacy, or infringement of Intellectual Property rights arising from the Indemnifying Party’s or its End User’s use. 7.3.3.1.1 The foregoing includes any Claims or Losses arising from disclosure of any End User-specific information associated with either the originating or terminating numbers used to provision Interconnection, Resale Services, Lawful Unbundled Network Elements, functions, facilities, products or services provided hereunder and all other Claims arising out of any act or omission of the indemnifying End User in the course of using any Interconnection, Resale Services, Lawful Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement. 7.3.3.1.2 The foregoing includes any Losses arising from Claims for actual or alleged infringement of any Intellectual Property right of a Third Party in connection with its performance to the extent that such Loss arises from an Indemnifying Party’s or non- performance an Indemnifying Party’s End User’s use of Interconnection, Resale Services, Lawful Unbundled Network Elements, functions, facilities, products or services provided under his this Agreement; provided, however, that an Indemnifying Party’s obligation to defend and (ii) provision of indemnify the indemnifying Party's services Indemnified Party shall not apply: 7.3.3.1.2.1 where an Indemnified Party or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users (e.g.User modifies Interconnection, claims for interruption of serviceResale Services, quality of service Lawful Unbundled Network Elements, functions, facilities, products or billing disputes) unless services provided under this Agreement; and 7.3.3.1.2.2 no infringement would have occurred without such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutesmodification. 7.3.2 Each Party, as an Indemnifying 7.3.3.2 Any and all penalties imposed on either Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion because of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated ’s failure to comply with the provision Communications Assistance to Law Enforcement Act of 1994 (CALEA); provided that the Indemnifying Party shall also, at its sole cost and expense, pay any service herein. This provision includes but is not limited amounts necessary to suits arising from unauthorized disclosure of modify or replace any equipment, facilities or services provided to the End User’s nameIndemnified Party under this Agreement to ensure that such equipment, address or telephone numberfacilities and services fully comply with CALEA. 7.3.3 Each Party makes no warranties7.3.4 CLEC acknowledges that its right under this Agreement to interconnect with SBC MISSOURI’s Missouri network and to unbundle and/or combine SBC MISSOURI’s Lawful Unbundled Network Elements (including combining with CLEC’s network elements) may be subject to or limited by Intellectual Property rights (Intellectual Property means, express or implied, concerning the other Party’s (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright copyright, trade secret, trade mark, service mark, trade name and trade secret dress rights) or and contract rights associated with the other Party’s interconnection with such Party’s network use or receipt of such Party’s servicesThird Parties. 7.3.4 When 7.3.5 The Parties acknowledge that on April 27, 2000, the lines or services FCC released its Memorandum Opinion and Order in CC Docket No. 96-98 (File No. CCBPol. 97-4), In the Matter of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.Petition of

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- non-performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes.. DocuSign Envelope ID: 7D95C603-9B13-415A-8896-DE487D77824D 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End User’s name, address or telephone number. 7.3.3 Each Party Windstream makes no warranties, express or implied, concerning the other Party’s NebraskaLink’ (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other Party’s NebraskaLink’ interconnection with such PartyWindstream’s network use or receipt of such Party’s Windstream services. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users end users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End Userend user’s name, address or telephone number. 7.3.3 Each Party ALLTEL makes no warranties, express or implied, concerning the other Party’s TCG (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other Party’s TCG interconnection with such PartyALLTEL’s network use or receipt of such Party’s ALLTEL services. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users end users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End Userend user’s name, address or telephone number. 7.3.3 Each Party ALLTEL makes no warranties, express or implied, concerning the other PartyMCIm’s (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other PartyMCIm’s interconnection with such PartyALLTEL’s network use or receipt of such Party’s ALLTEL services. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, demands and damages, costs, and expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, suffered or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his this Agreement; (ii) actual or alleged infringement by the indemnifying Party of any patent, trademark, copyright, service xxxx, trade name, trade secret or intellectual property right (now known or later developed), and (iiiii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users end users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party). Each Party shall also be indemnified and held harmless by the other Party against claims and damages Claims of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying other Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End User’s name, address or telephone number, address, or name associated with the telephone called or the telephone used in connection with any services herein. 7.3.3 Each Party ALLTEL makes no warranties, express or implied, concerning the other PartyPowertel’s (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with Powertel’s rights to interconnect with ALLTEL’s network. Section 7.3.3 applies solely to this Agreement. Nothing in this Section will be deemed to supersede or replace any other agreements, if any, between the other PartyParties with respect to Powertel’s interconnection with such Party’s network use intellectual property or receipt of such Party’s servicescontract rights. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users end users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End Userend user’s name, address or telephone number. 7.3.3 Each Party ALLTEL makes no warranties, express or implied, concerning the other Party’s MCIm (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other Party’s MCIm interconnection with such PartyALLTEL’s network use or receipt of such Party’s services.ALLTEL services.‌ 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party1. Each Party shall also be indemnified (the "Indemnifying Party") shall, and held harmless by hereby agrees to, defend at the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractorsParty's request, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, indemnify and hold harmless the other Party and each of its officers, directors, employees and agents (each, an "Indemnitee") against and in respect of any loss, debt, liability, damage, -------------------------------------------------------------------------------- (9/29/97) Page 11 BellSouth Telecommunications, Inc. & DeltaCom, Inc. -------------------------------------------------------------------------------- obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated, including without limitation all reasonable costs and expenses incurred (legal, accounting or otherwise) (collectively, "Damages") arising out of, resulting from or based upon any pending or threatened claim, action, proceeding or suit by any third party (a "Claim") (i) arising from any claimsbreach of any representation, demands warranty or suits that asserts any infringement covenant made by such indemnifying party in this Amendment, or invasion of privacy (ii) based upon injuries or confidentiality of damage to any person or persons caused property arising out of or claimed to be caused, directly or indirectly, by in connection with this Amendment that are the result of the Indemnifying Party's employees actions, breach of Applicable Law, or the actions of the Indemnifying Party's employees, agents and equipment associated with the provision subcontractors. 2. Promptly after receipt of notice of any service herein. This provision includes but is not limited Claim or the commencement of any action for which a Party may seek indemnification pursuant to suits arising from unauthorized disclosure of this Article X, the End User’s name, address or telephone number. 7.3.3 Each Indemnitee shall promptly give written notice clearly referencing this Article X to the Indemnifying Party makes no warranties, express or implied, concerning the other Party’s (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other Party’s interconnection with such Party’s network use or receipt of such Party’s services. 7.3.4 When Claim or action; provided, however, the lines or services of other companies and carriers are used in establishing connections Indemnitee's failure to and/or so notify the Indemnifying Party will not relieve the latter from points not reached any liability it may have to the Indemnitee except to the extent the Indemnifying Party is actually prejudiced by a such failure. The Indemnitee shall cooperate, at the indemnifying Party's linesexpense, neither with all reasonable requests made by the Indemnifying Party shall be liable for any act assistance or omission information relating to such Claim or action. The Indemnitee will have the right to participate in the investigation, defense and settlement of such Claim or action, with separate counsel chosen and paid for by the other companies Indemnitee. However, the Indemnifying Party will have the right to control the defense and settlement of such Claim or carriersaction.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End User’s name, address or telephone number. 7.3.3 Each Neither Party makes no any warranties, express or implied, concerning the other Party’s (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other Party’s interconnection with such Party’s network use or receipt of such Party’s services. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.provide herein

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End User’s name, address or telephone number. 7.3.3 Each Party Windstream makes no warranties, express or implied, concerning the other PartyService Electric’s (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other PartyService Electric’s interconnection with such PartyWindstream’s network use or receipt of such Party’s Windstream services. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, costs or other expenses, including reasonable attorneys’ ' fees (“Claims”), that are asserted, suffered, suffered or made by third parties arising from from: (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; (ii) actual or alleged infringement by the indemnifying Party of any patent, trademark, copyright, service mark, trade name, trade secret or intellectual property right (now known or later developed); and (iiiii) provision of the indemnifying Party's services or equipment, including including, but not limited to to, claims arising from the provision of the indemnifying Party's services to its End Users end users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party). Each Party shall also be indemnified and held harmless by the other Party against claims and damages Claims of persons for services furnished by the indemnifying Party or by any of its subcontractors, subcontractors under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, indemnify and hold harmless the other Party from any claims, demands or suits that asserts assert any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying other Party's employees and equipment associated with the provision of any service herein. This provision includes includes, but is not limited to to, suits arising from unauthorized disclosure of the End User’s nametelephone number, address or name associated with the telephone numbercalled or the telephone used in connection with any services herein. 7.3.3 Each Neither Party makes no warrantiesany warranty, express or implied, concerning the other either Party’s (or any third party’s) rights with respect to intellectual property (including including, without limitation, patent, copyright and trade secret rights) or contract rights associated with the other either Party’s interconnection right to interconnect. This Section 7.3.3 applies solely to this Agreement. Nothing in this Section will be deemed to supersede or replace other agreements, if any, between the Parties with such respect to either Party’s network use intellectual property or receipt of such Party’s servicescontract rights. 7.3.4 When the lines or services of other companies and carriers another company or carrier are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the such other companies company or carrierscarrier.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified will and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party hereby agrees to release, defenddefend at the other's request, indemnify, and hold harmless the other Party from and each of its officers, directors, employees, and agents (each, an Indemnitee) against and in respect of any claimsloss, demands debt, liability, damage, obligation, claim, demand, judgment, or suits that asserts settlement of any infringement nature or invasion kind, known or unknown, liquidated or unliquidated, including without limitation all reasonable costs and expenses incurred (legal, account or otherwise) (collectively, Damages) arising out of, resulting from, or based upon any pending or threatened claim, action, proceeding or suit by any third party (a Claim) (i) alleging any omissions, breach of privacy any representation, warranty, or confidentiality of covenant made by such indemnifying Party (the Indemnifying Party) in this Agreement, (ii) based upon injuries or damages to any person or persons caused property or claimed to be caused, directly the environment arising out of or indirectly, by in connection with this Agreement that are the result of the Indemnifying Party's employees actions, breach of Applicable Law, or the actions, omissions or status of its employees, agents, and equipment subcontractors. 7.3.2 If required, CLEC is responsible for obtaining any license or right to use agreement associated with a Network Element purchased from SWBT. SWBT will provide a list of all known and necessary licenses or right to use agreements applicable to the subject INTERCONNECTION AGREEMENT-MO GENERAL TERMS AND CONDITIONS SWBT/BIRCH TELECOM OF MISSOURI, INC. PAGE 8 OF 33 Network Element(s) within seven days of a request for such a list by CLEC. SWBT agrees to use its best efforts to facilitate the obtaining of any necessary license or right to use agreement. In the event such an agreement is not forthcoming for a Network Element ordered by CLEC, the Parties commit to negotiate in good faith for the provision of any service herein. This provision includes but alternative Elements or services which shall be equivalent to or superior to the Element for which CLEC is not limited unable to suits arising from unauthorized disclosure of the End User’s name, address obtain such license or telephone numberagreement. 7.3.3 Each Party will and hereby agrees to defend at the other's request, indemnify, and hold harmless the other Party and each of its officers, directors, employees, and agents (each, an "Indemnitee") against and in respect of any loss, debt, liability, damage, obligation, claim, demand, judgment, or settlement of any nature or kind, known or unknown, liquidated or unliquidated, including without limitation all reasonable costs and expenses incurred (legal, account or otherwise) arising out of, resulting from, or based upon any pending or threatened claim, action, proceeding or suit by any third party for actual infringement of any patent, copyright, trademark, service xxxx, trade name, trade dress, trade secret or any other intellectual property right now known or later developed to the extent that such claim or action arises from the actions of the respective Parties, or failure to act, as required pursuant to this Agreement. 7.3.4 SWBT makes no warranties, express or implied, concerning the other Party’s CLEC's (or any third party’s's) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with CLEC's rights to interconnect with SWBT's network and to Unbundled Network Elements and/or combine SWBT's network elements (including combining with CLEC's Network Elements) such interconnection or unbundling and/or combining of Elements (including combining with components of CLEC's network) in SWBT's network. Section 7 applies solely to this Agreement. Nothing in this Section will be deemed to supersede or replace any other agreements, if any, between the other Party’s interconnection Parties with such Party’s network use respect to CLEC's intellectual property or receipt of such Party’s servicescontract rights. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users end users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End Userend user’s name, address or telephone number. 7.3.3 Each Party Windstream makes no warranties, express or implied, concerning the other PartyCore’s (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other PartyCore’s interconnection with such PartyWindstream’s network use or receipt of such Party’s Windstream services. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End User’s name, address or telephone number. 7.3.3 Each Party Windstream makes no warranties, express or implied, concerning the other Party’s Allo Communications’ (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other Party’s Allo Communications’ interconnection with such PartyWindstream’s network use or receipt of such Party’s Windstream services. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.

Obligation to Indemnify. 7.3.1 Each Except as otherwise expressly provided herein or in specific appendices, each Party shall be indemnified responsible only for the Interconnection, Resale Services, Lawful Unbundled Network Elements, functions, facilities, products and held harmless services which are provided by that Party, its authorized agents, subcontractors, or others retained by such Party, and neither Party shall bear any responsibility for the Interconnection, Resale Services, Lawful Unbundled Network Elements, functions, facilities, products and services provided by the other Party, its agents, subcontractors, or others retained by such Party. 7.3.2 Except as otherwise expressly provided herein or in specific appendices, and to the extent not prohibited by Applicable Law and not otherwise controlled by tariff, each Party (the “Indemnifying Party”) shall release, defend and indemnify the other Party (the “Indemnified Party”) and hold such Indemnified Party harmless against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees any Loss to a Third Party arising out of the negligence or willful misconduct (“ClaimsFault”)) of such Indemnifying Party, assertedits agents, sufferedits End Users, contractors, or made others retained by third parties arising from such Parties, in connection with the Indemnifying Party’s provision of Interconnection, Resale Services, Lawful Unbundled Network Elements, functions, facilities, products and services under this Agreement; provided, however, that (i) with respect to employees or agents of the Indemnifying Party, such Fault occurs while performing within the scope of their employment, (ii) with respect to subcontractors of the Indemnifying Party, such Fault occurs in the course of performing duties of the subcontractor under its subcontract, and (iii) with respect to the Fault of employees or agents of such subcontractor, such Fault occurs while performing within the scope of their employment by the subcontractor with respect to such duties of the subcontractor under the subcontract. 7.3.3 A Party (the "Indemnifying Party") shall defend, indemnify and hold harmless the other Party (“Indemnified Party”) against any Claim or Loss arising from the Indemnifying Party’s use of Interconnection, Resale Services, Lawful Unbundled Network Elements, functions, facilities, products and services provided under this Agreement involving: 7.3.3.1 Any Claim or Loss arising from such Indemnifying Party’s use of Interconnection, Resale Services, Lawful Unbundled Network Elements, functions, facilities, products and services offered under this Agreement, involving any Claim for libel, slander, invasion of privacy, or infringement of Intellectual Property rights arising from the Indemnifying Party’s or its End User’s use. 7.3.3.1.1 The foregoing includes any Claims or Losses arising from disclosure of any End User-specific information associated with either the originating or terminating numbers used to provision Interconnection, Resale Services, Lawful Unbundled Network Elements, functions, facilities, products or services provided hereunder and all other Claims arising out of any act or omission of the indemnifying End User in the course of using any Interconnection, Resale Services, Lawful Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement. 7.3.3.1.2 The foregoing includes any Losses arising from Claims for actual or alleged infringement of any Intellectual Property right of a Third Party in connection with its performance to the extent that such Loss arises from an Indemnifying Party’s or non- performance an Indemnifying Party’s End User’s use of Interconnection, Resale Services, Lawful Unbundled Network Elements, functions, facilities, products or services provided under his this Agreement; provided, however, that an Indemnifying Party’s obligation to defend and (ii) provision of indemnify the indemnifying Party's services Indemnified Party shall not apply: 7.3.3.1.2.1 where an Indemnified Party or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users (e.g.User modifies Interconnection, claims for interruption of serviceResale Services, quality of service Lawful Unbundled Network Elements, functions, facilities, products or billing disputes) unless services provided under this Agreement; and 7.3.3.1.2.2 no infringement would have occurred without such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutesmodification. 7.3.2 Each Party, as an Indemnifying 7.3.3.2 Any and all penalties imposed on either Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion because of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated ’s failure to comply with the provision Communications Assistance to Law Enforcement Act of 1994 (CALEA); provided that the Indemnifying Party shall also, at its sole cost and expense, pay any amounts necessary to modify or replace any equipment, facilities or services provided to the Indemnified Party under this Agreement to ensure that such equipment, facilities and services fully comply with CALEA. 7.3.4 CLEC acknowledges that its right under this Agreement to interconnect with SBC MISSOURI’s Missouri network and to unbundle and/or combine SBC MISSOURI’s Lawful Unbundled Network Elements (including combining with CLEC’s network elements) may be subject to or limited by Intellectual Property rights (Intellectual Property means, including without limitation, patent, copyright, trade secret, trade xxxx, service hereinxxxx, trade name and trade dress rights) and contract rights of Third Parties. 7.3.5 The Parties acknowledge that on April 27, 2000, the FCC released its Memorandum Opinion and Order in CC Docket Xx. This provision includes but 00-00 (Xxxx Xx. XXXXxx. 00-0), Xx the Matter of Petition of MCI for Declaratory Ruling 7.3.5.1 SBC MISSOURI agrees to use its best efforts to obtain for CLEC, under commercially reasonable terms, Intellectual Property rights to each Lawful Unbundled Network Element necessary for CLEC to use such Lawful Unbundled Network Element in the same manner as SBC MISSOURI. 7.3.5.2 SBC MISSOURI shall have no obligation to attempt to obtain for CLEC any Intellectual Property right(s) that would permit CLEC to use any Lawful Unbundled Network Element in a different manner than used by SBC MISSOURI is entitled to use that Lawful Unbundled Network Element. 7.3.5.3 To the extent not limited to suits arising from unauthorized disclosure prohibited by a contract with the vendor of the End Usernetwork element sought by CLEC that contains Intellectual Property licenses, SBC MISSOURI shall reveal to CLEC the name of the vendor, the Intellectual Property rights licensed to SBC MISSOURI under the vendor contract and the terms of the contract (excluding cost terms). SBC MISSOURI shall, at CLEC’s namerequest, address or telephone numbercontact the vendor to attempt to obtain permission to reveal additional contract details to CLEC. 7.3.3 Each Party 7.3.6 SBC MISSOURI hereby conveys no licenses to use such Intellectual Property rights and makes no warranties, express or implied, concerning the other PartyCLEC’s (or any third partyThird Party’s) rights with respect to intellectual property such Intellectual Property rights and contract rights, including whether such rights will be violated by such interconnection or unbundling and/or combining of Lawful Unbundled Network Elements (including without limitationcombining with CLEC’s network elements) in SBC MISSOURI’s network or CLEC's use of other functions, patentfacilities, copyright and trade secret rights) products or contract services furnished under this Agreement. Any licenses or warranties for Intellectual Property rights associated with Lawful Unbundled Network Elements are vendor licenses and warranties and are a part of the other PartyIntellectual Property rights SBC MISSOURI agrees in Section 7.3.5.1 to use its best efforts to obtain. 7.3.7 SBC MISSOURI does not and shall not indemnify, defend or hold CLEC harmless, nor be responsible for indemnifying or defending, or holding CLEC harmless, for any Claims or Damages for actual or alleged infringement of any Intellectual Property right or interference with or violation of any contract right that arises out of, is caused by, or relates to CLEC’s interconnection with such PartySBC MISSOURI’s network and unbundling and/or combining SBC MISSOURI’s Lawful Unbundled Network Elements (including combining with CLEC’s network elements) or CLEC's use of other functions, facilities, products or receipt services furnished under this Agreement. Any indemnities for Intellectual Property rights associated with Lawful Unbundled Network elements shall be vendor’s indemnities and are a part of such Party’s servicesthe Intellectual Property rights SBC MISSOURI agrees in Section 7.3.5.1 to use its best efforts to obtain. 7.3.4 When the lines 7.3.8 CLEC hereby agrees to release, indemnify and hold SBC MISSOURI harmless from and against all Damages arising out of, caused by, or relating to any Claim that CLEC’s interconnection with SBC MISSOURI's network, or CLEC’s use of SBC MISSOURI's Lawful Unbundled Network Elements, or unbundling and/or combining of SBC MISSOURI’s Lawful Unbundled Network Elements (including combining with CLEC’s network elements) or CLEC's use of other functions, facilities, products or services furnished under this Agreement violates or infringes upon any Third Party Intellectual Property rights or constitutes a breach of other companies contract rights of Third Parties. 7.3.9 All costs associated with the extension of Intellectual Property rights to CLEC pursuant to Section 7.3.3.1, including the cost of the license extension itself and carriers are used in establishing connections the costs associated with the effort to and/or from points not reached by a Party's linesobtain the license, neither Party shall be liable for any act or omission a part of the other companies or carrierscost of providing the Lawful Unbundled Network Element to which the Intellectual Property rights relate and apportioned to all requesting carriers using that Lawful Unbundled Network Element including SBC MISSOURI.

Obligation to Indemnify. 7.3.1 Each Party shall be indemnified and held harmless by the other Party against claims, losses, suits, demands, damages, costs, expenses, including reasonable attorneys’ fees (“Claims”), asserted, suffered, or made by third parties arising from (i) any act or omission of the indemnifying Party in connection with its performance or non- non-performance under his Agreement; and (ii) provision of the indemnifying Party's services or equipment, including but not limited to claims arising from the provision of the indemnifying Party's services to its End Users end users (e.g., claims for interruption of service, quality of service or billing disputes) unless such act or omission was caused by the negligence or willful misconduct of the indemnified Party. Each Party shall also be indemnified and held harmless by the other Party against claims and damages of persons for services furnished by the indemnifying Party or by any of its subcontractors, under worker's compensation laws or similar statutes. 7.3.2 Each Party, as an Indemnifying Party agrees to release, defend, indemnify, and hold harmless the other Party from any claims, demands or suits that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly or indirectly, by the Indemnifying Party's employees and equipment associated with the provision of any service herein. This provision includes but is not limited to suits arising from unauthorized disclosure of the End Userend user’s name, address or telephone number. 7.3.3 Each Party ALLTEL makes no warranties, express or implied, concerning the other PartyLSP-PGNAPS’s (or any third party’s) rights with respect to intellectual property (including without limitation, patent, copyright and trade secret rights) or contract rights associated with the other PartyLSP-PGNAPS’s interconnection with such PartyALLTEL’s network use or receipt of such Party’s ALLTEL services. 7.3.4 When the lines or services of other companies and carriers are used in establishing connections to and/or from points not reached by a Party's lines, neither Party shall be liable for any act or omission of the other companies or carriers.