Common use of Right to Access Indemnity Clause in Contracts

Right to Access Indemnity. To the extent permitted by the Access License Agreement, PalmSource will pass through to Licensee any and all indemnities provided by Access to PalmSource thereunder; provided, however, that PalmSource shall have no obligation to pass through the benefits of any indemnification provided by Access to the extent such pass through would count against the dollar cap of liability under the Access License Agreement. PalmSource will cooperate with Licensee to tender the defense and settlement of all claims, suits and proceedings against Licensee resulting from a claim that the Omega Browser infringes proprietary rights of any third party to Access; provided, however, that Licensee shall not be entitled to the benefits of any defense or settlement of such claims, suits and proceedings to the extent such benefits would count against the dollar cap of liability under the Access License Agreement.