Subject to Art. 10.5, if a third party asserts a claim against the cus- tomer that an inet service acquired under the agreement infringes a patent or copyright, inet will defend the customer against that claim and pay amounts finally awarded by a court against the customer or included in a settlement approved by inet, provided that the customer promptly a) noti- fies inet in writing of the claim, b) supplies information requested by inet, and c) allows inet to control, and reasonably cooperates in, the defense and settlement, including mitigation efforts. inet has no responsibility for claims based on non-inet products and services, items not provided by inet, or any violation of law or third party rights caused by customer’s content, materi- als, designs, or specifications. 12 Force Majeure Force majeure, war, natural disasters, terrorism, or any other events out- side the sphere of care and influence of inet shall not be attributable to inet.
Subject to Art. 22.3 and after the receipt of a notice from the Employer concerning any claim, statement of claim or proceedings in connection with the circumstances referred to in Art. 22.1, resulting from or connected with the provision of Deliveries or performance of Works, the Supplier shall immediately, and in each case not later than within ten (10) days after the receipt of the notice concerning the claim, statement of claim or proceedings, assume full liability for defense against such claim, statement of claim or proceedings. If possible, the Supplier shall become a party to the pending proceedings, or shall join the proceedings as a secondary intervener and shall to the exclusion of any further claims pay the claimant being a third party all amounts
Subject to Art. 1.3, the methods, places and other particulars of measurement of any measurable Services (e.g., in time, quantities of energy, etc.), and the allocation method with regard to any non-measurable Services (e.g., security, fire brigade) or for which metering devices are not available, are provided for in the respective Annexes. The Parties shall review such provisions as part of the annual review pursuant to Art. 3.1.
Subject to Art. 2.6 (c) the pawner agrees, in the event that the e-Auction shares referred to in section 2.5 (b) are not freely tradable on one of the thirty six (36), forty eight (48) or sixty (60) month anniversary of the Closing Date, the pawner agrees to pay to the pledgees, by way of electronic transfer, within ten (10) business days from the date of the applicable anniversary, an amount equal to USD 1,000,000 in United States funds. IN ART, 6.2 (c) in the event of breach of section 5.2 (i), the pawner agrees to pay to the pledgees ipso ure, an indemnity equal to the taxes to be paid by the pledgees, including any and all fines, interest and increases thereof. The pawner wishes to guarantee the good performance of these commitments by the pledging of all the shares in the capital of SCHELFHOUT.
Subject to Art. 22.1, Company shall have the right to register its title to the Contract Object, Company Provided Items, Materials and the Contract. Contractor shall, at Company's cost and without undue delay, execute and deliver to Company such documents, and take such actions as Company requires to effect such registration, including ensuring, that title to deliveries by Subcontractors be so registered, if Company cannot do so itself.
