Sections 11. 1.1 and 11.1.2 above shall not be applicable to any suit, claim or proceeding based on infringement or violation of a patent or copyright (i) relating to a particular process or product of a particular manufacturer specified by Owner or Design-Builder or (ii) arising from modifications to the Work by Owner or Design-Builder after acceptance of the Work. If the suit, claim or proceeding is based upon events set forth in the preceding sentence, Design-Builder shall defend, indemnify and hold harmless Design-Build Subcontractor to the same extent Design-Build Subcontractor is obligated to defend, indemnify and hold harmless Design-Builder in Section 11.1.1 above.
Sections 11. 2.1 to 11.2.7 shall apply with respect to all subsequent terms and renewals of the Agreement, with the notice requirement under Sections 11.2.1 and 11.2.2 commencing no earlier than 120 days and not later than 60 days prior to the termination date of this Agreement, as renewed.
Sections 11. 6 (a) and (b) will not apply in respect of [specify matters of US Law eg. OP Agreement?]
Sections 11. 10.1 and 11.10.2 of the Credit Agreement are deleted and replaced with the following:
Sections 11. 1.2 and 11.1.3 above shall not be applicable to any suit, claim or proceeding based on infringement or violation of a patent or copyright (i) relating solely to a particular process or product of a particular manufacturer required by City and not offered or recommended by Design-Builder to City and to which Design-Builder has objected in writing or (ii) arising from modifications to the Work by City or its agents after acceptance of the Work
Sections 11. 1 and 11.2 do not apply to any information that (i) is now, or subsequently becomes, through no act or failure to act on the part of receiving party (the "Receiver"), generally known or available; (ii) is known by the Receiver at the time of receiving such information, as evidenced by the Receiver's records; (iii) is subsequently provided to the Receiver by a third party, as a matter of right and without restriction on disclosure; or
Sections 11. 1 and 11.2 shall not apply to the following: (a) a Party’s obligation to indemnify the other for Claims in Article 10; (b) the costs of a recall set forth in Section 4.10; (c) either Party’s wrongful termination of this Agreement or abandonment of the performance of its obligations under this Agreement or any Product Exhibit; (d) damages arising out of either Party’s gross negligence or intentional misconduct or intentional inaction under this Agreement; or (e) damages due to a Party’s breach of confidentiality.
Sections 11. 1 and 11.2 above set forth Supplier's sole obligation, and Customer's sole remedy, for any claim for infringement of any third person's proprietary or other rights. Supplier's obligations hereunder with respect to infringement of any third party's rights shall not apply where such claims arise from any alteration made to the Software Materials by any person other than Supplier, or from the use of the Software Materials on any computer other than the Designated Machine or in combination with software or hardware not supplied by Supplier, if such claim would not have arisen except for such alteration, use or combination.
