Common use of Service Provider Indemnity Clause in Contracts

Service Provider Indemnity. (a) The Service Provider will, subject to clauses 17.3(b) and (c) and 18.2, indemnify the LFC (including its personnel, contractors, agents and representatives) against: (i) any loss of, or damage to, tangible property (but to the extent only of the LFC’s loss, including arising from any third party claims) arising as a direct result of any wilful or negligent act or omission of the Service Provider, Reseller or any contractor or agent of the Service Provider or Reseller in the Service Provider’s or Reseller’s (or their respective contractor’s or agent’s): (A) construction, installation, inspection, maintenance, replacement or removal of any Service Provider or Reseller equipment in the LFC’s premises or the premises of any third party; or (B) use of any LFC (Service Provider) Equipment installed on premises not owned or controlled by the LFC; or (ii) any claim by any Reseller or End User relating solely and directly to any services which incorporate a Service, except where: (A) that claim is a direct result of any breach of this Agreement by the LFC or any unlawful, wilful or negligent act or omission of the LFC or any contractor or agent of the LFC; or (B) the Service Provider has discharged its obligations under clause 10.2(c) in accordance with clauses 10.2(d) and (f) provided that this sub-clause (B) shall not apply in the case of any Exempted End User; or (iii) any loss of, damage to, or interference with, LFC (End User) Equipment caused by the End User (including interference with the LFC’s right to construct, install, inspect, maintain, replace, own or remove any LFC (End User) Equipment) that may at any time be installed on End User Premises or a NBAP, but only where (in any such case) the End User is an Exempted End User or the Service Provider has not discharged its obligations under clause 10.2(c) in accordance with clauses 10.2(d) and (f). (b) Subject to clause 18.2, the aggregate liability of the Service Provider for all costs, damages and losses arising under or in connection with clauses 17.3(a)(i) and (ii) is limited to: (i) for all acts or omissions giving rise to any loss or damage relating to any of the Bitstream Services (or any additional or replacement Service within the same Wholesale Service Category), a maximum of $2,000,000 for each of the Bitstream Services; (ii) for all acts or omissions giving rise to any loss or damage relating to any of the Fibre Access Services (or any additional or replacement Service within the same Wholesale Service Category), a maximum of $2,000,000 for each of the Fibre Access Services; and (iii) for all acts or omissions giving rise to any loss or damage relating to the Central Office and POI Co-location Service (or any additional or replacement Service within the same Wholesale Service Category), a maximum of $50,000,000 and the aggregate liability of the Service Provider for all costs, damages and losses arising under or in connection with clause 17.3(a)(i) and (ii) shall not exceed a maximum of $50,000,000. (c) Subject to clause 18.2, the aggregate liability of the Service Provider for all loss, damage or interference arising under or in connection with clause 17.3(a)(iii) is limited to $50,000,000. (d) The Service Provider shall not be liable under clause 17.3(a)(iii) in respect of an End User who, at the time of the loss, damage or interference that would otherwise give rise to liability under clause 17.3(a)(iii), has ceased to be a customer of the Service Provider.

Service Provider Indemnity. (a) The Service Provider will, subject to clauses 17.3(b) and (c) and 18.2, indemnify the LFC (including its personnel, contractors, agents and representatives) against: (i) any loss of, or damage to, tangible property (but to the extent only of the LFC’s loss, including arising from any third party claims) arising as a direct result of any wilful or negligent act or omission of the Service Provider, Reseller or any contractor or agent of the Service Provider or Reseller in the Service Provider’s or Reseller’s (or their respective contractor’s or agent’s): (A) construction, installation, inspection, maintenance, replacement or removal of any Service Provider or Reseller equipment in the LFC’s premises or the premises of any third party; or (B) use of any LFC (Service Provider) Equipment installed on premises not owned or controlled by the LFC; or (ii) any claim by any Reseller or End User relating solely and directly to any services which incorporate a Service, except where: (A) that claim is a direct result of any breach of this Agreement by the LFC or any unlawful, wilful or negligent act or omission of the LFC or any contractor or agent of the LFC; or (B) the Service Provider has discharged its obligations under clause 10.2(c) in accordance with clauses 10.2(d) and (f) provided that this sub-clause (B) shall not apply in the case of any Exempted End User; or (iii) any loss of, damage to, or interference with, LFC (End User) Equipment caused by the End User (including interference with the LFC’s right to construct, install, inspect, maintain, replace, own or remove any LFC (End User) Equipment) that may at any time be installed on End User Premises or a NBAP, but only where (in any such case) the End User is an Exempted End User or the Service Provider has not discharged its obligations under clause 10.2(c) in accordance with clauses 10.2(d) and (f). (b) Subject to clause 18.2, the aggregate liability of the Service Provider for all costs, damages and losses arising under or in connection with clauses clause 17.3(a)(i) and (ii) is limited to: (i) for all acts or omissions giving rise to any loss or damage relating to any of the Bitstream Services (or any additional or replacement Service within the same Wholesale Service Category), a maximum of $2,000,000 for each of the Bitstream Services; (ii) for all acts or omissions giving rise to any loss or damage relating to any of the Fibre Access Services (or any additional or replacement Service within the same Wholesale Service Category), a maximum of $2,000,000 for each of the Fibre Access Services; and (iii) for all acts or omissions giving rise to any loss or damage relating to the Central Office and POI Co-location Colocation Service (or any additional or replacement Service within the same Wholesale Service Category), a maximum of $50,000,000 50,000,000, and the aggregate liability of the Service Provider for all costs, damages and losses arising under or in connection with clause 17.3(a)(i) and (ii) shall not exceed a maximum of $50,000,000. (c) Subject to clause 18.2, the aggregate liability of the Service Provider for all loss, damage or interference arising under or in connection with clause 17.3(a)(iii) is limited to $50,000,00010,000,000. (d) The Service Provider shall not be liable under clause 17.3(a)(iii) in respect of an End User who, at the time of the loss, damage or interference that would otherwise give rise to liability under clause 17.3(a)(iii), has ceased to be a customer of the Service Provider.

Service Provider Indemnity. (a) The Service Provider will, subject to clauses 17.3(b) and (c) and 18.2, indemnify the LFC (including its personnel, contractors, agents and representatives) against: (i) any loss of, or damage to, tangible property (but to the extent only of the LFC’s loss, including arising from any third party claims) arising as a direct result of any wilful or negligent act or omission of the Service Provider, Reseller or any contractor or agent of the Service Provider or Reseller in the Service Provider’s or Reseller’s (or their respective contractor’s or agent’s): (A) construction, installation, inspection, maintenance, replacement or removal of any Service Provider or Reseller equipment in the LFC’s premises or the premises of any third party; or (B) use of any LFC (Service Provider) Equipment installed on premises not owned or controlled by the LFC; or (ii) any claim by any Reseller or End User relating solely and directly to any services which incorporate a Service, except where: (A) that claim is a direct result of any breach of this Agreement by the LFC or any unlawful, wilful or negligent act or omission of the LFC or any contractor or agent of the LFC; or (B) the Service Provider has discharged its obligations under clause 10.2(c) in accordance with clauses 10.2(d) and (f) provided that this sub-clause (B) shall not apply in the case of any Exempted End User; or (iii) any loss of, damage to, or interference with, LFC (End User) Equipment caused by the End User (including interference with the LFC’s right to construct, install, inspect, maintain, replace, own or remove any LFC (End User) Equipment) that may at any time be installed on End User Premises or a NBAP, but only where (in any such case) the End User is an Exempted End User or the Service Provider has not discharged its obligations under clause 10.2(c) in accordance with clauses 10.2(d) and (f). (b) Subject to clause 18.2, the aggregate liability of the Service Provider for all costs, damages and losses arising under or in connection with clauses clause 17.3(a)(i) and (ii) is limited to: (i) for all acts or omissions giving rise to any loss or damage relating to any of the Bitstream Services (or any additional or replacement Service within the same Wholesale Service Category), a maximum of $2,000,000 for each of the Bitstream Services; (ii) for all acts or omissions giving rise to any loss or damage relating to any of the Fibre Access Services (or any additional or replacement Service within the same Wholesale Service Category), a maximum of $2,000,000 for each of the Fibre Access Services; and (iii) for all acts or omissions giving rise to any loss or damage relating to the Central Office and POI Co-Co- location Service (or any additional or replacement Service within the same Wholesale Service Category), a maximum of $50,000,000 50,000,000, and the aggregate liability of the Service Provider for all costs, damages and losses arising under or in connection with clause 17.3(a)(i) and (ii) shall not exceed a maximum of $50,000,000. (c) Subject to clause 18.2, the aggregate liability of the Service Provider for all loss, damage or interference arising under or in connection with clause 17.3(a)(iii) is limited to $50,000,00010,000,000. (d) The Service Provider shall not be liable under clause 17.3(a)(iii) in respect of an End User who, at the time of the loss, damage or interference that would otherwise give rise to liability under clause 17.3(a)(iii), has ceased to be a customer of the Service Provider.

Service Provider Indemnity. (a) The Service Provider will, subject to clauses 17.3(b) and (c) and 18.2, indemnify the LFC (including its personnel, contractors, agents and representatives) against: (i) any loss of, or damage to, tangible property (but to the extent only of the LFC’s loss, including arising from any third party claims) arising as a direct result of any wilful or negligent act or omission of the Service Provider, Reseller or any contractor or agent of the Service Provider or Reseller in the Service Provider’s or Reseller’s (or their respective contractor’s or agent’s): (A) construction, installation, inspection, maintenance, replacement or removal of any Service Provider or Reseller equipment in the LFC’s premises or the premises of any third party; or (B) use of any LFC (Service Provider) Equipment installed on premises not owned or controlled by the LFC; or (ii) any claim by any Reseller or End User relating solely and directly to any services which incorporate a Service, except where: (A) that claim is a direct result of any breach of this Agreement by the LFC or any unlawful, wilful or negligent act or omission of the LFC or any contractor or agent of the LFC; or (B) the Service Provider has discharged its obligations under clause 10.2(c) in accordance with clauses 10.2(d) and (f) provided that this sub-clause (B) shall not apply in the case of any Exempted End User; or (iii) any loss of, damage to, or interference with, LFC (End User) Equipment caused by the End User (including interference with the LFC’s right to construct, install, inspect, maintain, replace, own or remove any LFC (End User) Equipment) that may at any time be installed on End User Premises or a NBAP, but only where (in any such case) the End User is an Exempted End User or the Service Provider has not discharged its obligations under clause 10.2(c) in accordance with clauses 10.2(d) and (f). (b) Subject to clause 18.2, the aggregate liability of the Service Provider for all costs, damages and losses arising under or in connection with clauses 17.3(a)(i) and (ii) is limited to: (i) for all acts or omissions giving rise to any loss or damage relating to any of the Bitstream Services (or any additional or replacement Service within the same Wholesale Service Category), a maximum of $2,000,000 for each of the Bitstream Services; (ii) for all acts or omissions giving rise to any loss or damage relating to any of the Fibre Access Services (or any additional or replacement Service within the same Wholesale Service Category), a maximum of $2,000,000 for each of the Fibre Access Services; and (iii) for all acts or omissions giving rise to any loss or damage relating to the Central Office and POI Co-location Service (or any additional or replacement Service within the same Wholesale Service Category), a maximum of $50,000,000 10,000,000. and the aggregate liability of the Service Provider for all costs, damages and losses arising under or in connection with clause 17.3(a)(i) and (ii) shall not exceed a maximum of $50,000,00010,000,000. (c) Subject to clause 18.2, the aggregate liability of the Service Provider for all loss, damage or interference arising under or in connection with clause 17.3(a)(iii) is limited to $50,000,00010,000,000. (d) The Service Provider shall not be liable under clause 17.3(a)(iii) in respect of an End User who, at the time of the loss, damage or interference that would otherwise give rise to liability under clause 17.3(a)(iii), has ceased to be a customer of the Service Provider.

Service Provider Indemnity. (a) The Service Provider will, subject to clauses 17.3(b) and (c) and 18.2, indemnify the LFC (including its personnel, contractors, agents and representatives) against: (i) any loss of, or damage to, tangible property (but to the extent only of the LFC’s loss, including arising from any third party claims) arising as a direct result of any wilful or negligent act or omission of the Service Provider, Reseller or any contractor or agent of the Service Provider or Reseller in the Service Provider’s or Reseller’s (or their respective contractor’s or agent’s): (A) construction, installation, inspection, maintenance, replacement or removal of any Service Provider or Reseller equipment in the LFC’s premises or the premises of any third party; or (B) use of any LFC (Service Provider) Equipment installed on premises not owned or controlled by the LFC; or (ii) any claim by any Reseller or End User relating solely and directly to any services which incorporate a Service, except where: (A) that claim is a direct result of any breach of this Agreement by the LFC or any unlawful, wilful or negligent act or omission of the LFC or any contractor or agent of the LFC; or (B) the Service Provider has discharged its obligations under clause 10.2(c) in accordance with clauses 10.2(d) and (f) provided that this sub-clause (B) shall not apply in the case of any Exempted End User; or (iii) any loss of, damage to, or interference with, LFC (End User) Equipment caused by the End User (including interference with the LFC’s right to construct, install, inspect, maintain, replace, own or remove any LFC (End User) Equipment) that may at any time be installed on End User Premises or a NBAP, but only where (in any such case) the End User is an Exempted End User or the Service Provider has not discharged its obligations under clause 10.2(c) in accordance with clauses 10.2(d) and (f). (b) Subject to clause 18.2, the aggregate liability of the Service Provider for all costs, damages and losses arising under or in connection with clauses 17.3(a)(i) and (ii) is limited to: (i) for all acts or omissions giving rise to any loss or damage relating to any of the Bitstream Services (or any additional or replacement Service within the same Wholesale Service Category), a maximum of $2,000,000 for each of the Bitstream Services; (ii) for all acts or omissions giving rise to any loss or damage relating to any of the Fibre Access Services (or any additional or replacement Service within the same Wholesale Service Category), a maximum of $2,000,000 for each of the Fibre Access Services; and (iii) for all acts or omissions giving rise to any loss or damage relating to the Central Office and POI Co-location Service (or any additional or replacement Service within the same Wholesale Service Category), a maximum of $50,000,000 20,000,000, and the aggregate liability of the Service Provider for all costs, damages and losses arising under or in connection with clause 17.3(a)(i) and (ii) shall not exceed a maximum of $50,000,00020,000,000. (c) Subject to clause 18.2, the aggregate liability of the Service Provider for all loss, damage or interference arising under or in connection with clause 17.3(a)(iii) is limited to $50,000,00020,000,000. (d) The Service Provider shall not be liable under clause 17.3(a)(iii) in respect of an End User who, at the time of the loss, damage or interference that would otherwise give rise to liability under clause 17.3(a)(iii), has ceased to be a customer of the Service Provider.

Service Provider Indemnity. (a) The Service Provider will, subject to clauses 17.3(b) and (c) and 18.2, indemnify the LFC (including its personnel, contractors, agents and representatives) against: (i) any loss of, or damage to, tangible property (but to the extent only of the LFC’s loss, including arising from any third party claims) arising as a direct result of any wilful or negligent act or omission of the Service Provider, Reseller or any contractor or agent of the Service Provider or Reseller in the Service Provider’s or Reseller’s (or their respective contractor’s or agent’s): (A) construction, installation, inspection, maintenance, replacement or removal of any Service Provider or Reseller equipment in the LFC’s premises or the premises of any third party; or (B) use of any LFC (Service Provider) Equipment installed on premises not owned or controlled by the LFC; or (ii) any claim by any Reseller or End User relating solely and directly to any services which incorporate a Service, except where: (A) that claim is a direct result of any breach of this Agreement by the LFC or any unlawful, wilful or negligent act or omission of the LFC or any contractor or agent of the LFC; or (B) the Service Provider has discharged its obligations under clause 10.2(c) in accordance with clauses 10.2(d) and (f) provided that this sub-clause (B) shall not apply in the case of any Exempted End User; or (iii) any loss of, damage to, or interference with, LFC (End User) Equipment caused by the End User (including interference with the LFC’s right to construct, install, inspect, maintain, replace, own or remove any LFC (End User) Equipment) that may at any time be installed on End User Premises or a NBAP, but only where (in any such case) the End User is an Exempted End User or the Service Provider has not discharged its obligations under clause 10.2(c) in accordance with clauses 10.2(d) and (f). (b) Subject to clause 18.2, the aggregate liability of the Service Provider for all costs, damages and losses arising under or in connection with clauses 17.3(a)(i) and (ii) is limited to: (i) for all acts or omissions giving rise to any loss or damage relating to any of the Bitstream Services (or any additional or replacement Service within the same Wholesale Service Category), a maximum of $2,000,000 for each of the Bitstream Services; (ii) for all acts or omissions giving rise to any loss or damage relating to any of the Fibre Access Services (or any additional or replacement Service within the same Wholesale Service Category), a maximum of $2,000,000 for each of the Fibre Access Services; and (iii) for all acts or omissions giving rise to any loss or damage relating to the Central Office and POI Co-location Service (or any additional or replacement Service within the same Wholesale Service Category), a maximum of $50,000,000 20,000,000, and the aggregate liability of the Service Provider for all costs, damages and losses arising under or in connection with clause 17.3(a)(i) and (ii) shall not exceed a maximum of $50,000,00020,000,000. (c) Subject to clause 18.2, the aggregate liability of the Service Provider for all loss, damage or interference arising under or in connection with clause 17.3(a)(iii) is limited to $50,000,00020,000,000. (d) The Service Provider shall not be liable under clause 17.3(a)(iii) in respect of an End User who, at the time of the loss, damage or interference that would otherwise give rise to liability under clause 17.3(a)(iii), has ceased to be a customer of the Service Provider.

Service Provider Indemnity. (a) The Service Provider will, subject to clauses 17.3(b) and (c) and 18.2, indemnify the LFC (including its personnel, contractors, agents and representatives) against: (i) any loss of, or damage to, tangible property (but to the extent only of the LFC’s loss, including arising from any third party claims) arising as a direct result of any wilful or negligent act or omission of the Service Provider, Reseller or any contractor or agent of the Service Provider or Reseller in the Service Provider’s or Reseller’s (or their respective contractor’s or agent’s): (A) construction, installation, inspection, maintenance, replacement or removal of any Service Provider or Reseller equipment in the LFC’s premises or the premises of any third party; or (B) use of any LFC (Service Provider) Equipment installed on premises not owned or controlled by the LFC; or (ii) any claim by any Reseller or End User relating solely and directly to any services which incorporate a Service, except where: (A) that claim is a direct result of any breach of this Agreement by the LFC or any unlawful, wilful or negligent act or omission of the LFC or any contractor or agent of the LFC; or (B) the Service Provider has discharged its obligations under clause 10.2(c) in accordance with clauses 10.2(d) and (f) provided that this sub-clause (B) shall not apply in the case of any Exempted End User; or (iii) any loss of, damage to, or interference with, LFC (End User) Equipment caused by the End User (including interference with the LFC’s right to construct, install, inspect, maintain, replace, own or remove any LFC (End User) Equipment) that may at any time be installed on End User Premises or a NBAP, but only where (in any such case) the End User is an Exempted End User or the Service Provider has not discharged its obligations under clause 10.2(c) in accordance with clauses 10.2(d) and (f). (b) Subject to clause 18.2, the aggregate liability of the Service Provider for all costs, damages and losses arising under or in connection with clauses 17.3(a)(i) and (ii) is limited to: (i) for all acts or omissions giving rise to any loss or damage relating to any of the Bitstream Services (or any additional or replacement Service within the same Wholesale Service Category), a maximum of $2,000,000 for each of the Bitstream theBitstream Services; (ii) for all acts or omissions giving rise to any loss or damage relating to any of the Fibre Access Services (or any additional or replacement Service within the same Wholesale Service Category), a maximum of $2,000,000 for each of the Fibre Access Services; and (iii) for all acts or omissions giving rise to any loss or damage relating to the Central Office and POI Co-Co- location Service (or any additional or replacement Service within the same Wholesale Service Category), a maximum of $50,000,000 20,000,000, and the aggregate liability of the Service Provider for all costs, damages and losses arising under or in connection with clause 17.3(a)(i) and (ii) shall not exceed a maximum of $50,000,00020,000,000. (c) Subject to clause 18.2, the aggregate liability of the Service Provider for all loss, damage or interference arising under or in connection with clause 17.3(a)(iii) is limited to $50,000,00020,000,000. (d) The Service Provider shall not be liable under clause 17.3(a)(iii) in respect of an End User who, at the time of the loss, damage or interference that would otherwise give rise to liability under clause 17.3(a)(iii), has ceased to be a customer of the Service Provider.