Common use of Subject to SBC Clause in Contracts

Subject to SBC. ILEC’s obligations under any Commission decision and except as expressly stated in this Agreement, CLEC agrees to release, indemnify and hold SBC-ILEC harmless from and against all Losses arising out of, caused by, or relating to any real or potential claim that CLEC’s Interconnection with SBC- ILEC’s network, or CLEC’s use of SBC-ILEC's Network Elements, or unbundling and/or combining of SBC-ILEC’s Network Elements (including combining with CLEC’s Network Elements) or CLEC's use of other functions, facilities, products or services furnished under this Agreement violates or infringes upon any Third Party Intellectual Property rights or constitutes a breach of contract. In no event shall SBC-ILEC be liable for any actual or Consequential Damages that CLEC may suffer arising out of same.

Subject to SBC. ILEC’s obligations under any Commission decision and except as expressly stated in this Agreement, CLEC agrees to release, indemnify and hold SBC-SBC- ILEC harmless from and against all Losses arising out of, caused by, or relating to any real or potential claim that CLEC’s Interconnection with SBC- SBC-ILEC’s network, or CLEC’s use of SBC-ILEC's Network Elements, or unbundling and/or combining of SBC-ILEC’s Network Elements (including combining with CLEC’s Network Elements) or CLEC's use of other functions, facilities, products or services furnished under this Agreement violates or infringes upon any Third Party Intellectual Property rights or constitutes a breach of contract. In no event shall SBC-ILEC be liable for any actual or Consequential Damages that CLEC may suffer arising out of same.