Sections 9. 2(a) and 9.2(b)(iii)
Sections 9. 14.1 and 9.14.2 above shall not be applicable to any action or proceeding based on infringement or violation of a Proprietary Right (a) relating solely to a particular process or the product of a particular manufacturer specified by Owner and such processes or products are something other than that which has been offered or recommended by DP to Owner; or (b) arising from modifications to the Work by Owner or its agents after acceptance of the Work.
Sections 9. 2.1 and 9.2.2 of this Project Statement notwithstanding, Aquantia shall own the mask works for the [*] Product (each referred to as “Mask Works”).
Sections 9. 5.-9.7 of the Standard Integrated Contract are hereby added to read as follows:
Sections 9. 2 and 9.3 of the Contract shall be deleted and replaced with the following:
Sections 9. 1 and 9.2 do not apply to usage in excess of an Entitlement, a breach of our intellectual property rights, an indemnification claim under Section 8, a breach of the confidentiality obligations set forth in Section 10, in case of gross negligence, willful misconduct, fraud, personal injury, or to any liability pursuant to an applicable legislation that does not permit to limit or exclude any liability.
Sections 9. 2 through 9.5, inclusive, of the Existing Credit Agreement are hereby deleted in their entirety.
Sections 9. 1 and 9.2 of the Credit Agreement are hereby amended to add the words "and the obligation of Agent to issue any Letter of Credit" immediately after the word "Loan" in the respective subsections (a) thereof.
Sections 9. 1-9.4 states AGILENT's entire indemnification liability for claims of intellectual property infringement.
Sections 9. 09 and 9.10 of the Credit Agreement shall apply to this Waiver mutatis mutandis.
