Common use of UNAUTHORIZED OBLIGATION Clause in Contracts

UNAUTHORIZED OBLIGATION. When any supply or service acquired under this contract is subject to any End Use License Agreement (XXXX), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring BSA or the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability, the following shall govern: (i) Any such clause is unenforceable against BSA and the Government unless separately and specifically agreed to. (ii) Neither BSA nor any BSA authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the XXXX, TOS, or similar legal instrument or agreement. (iii) Any such clause is deemed to be stricken from the XXXX, TOS, or similar legal instrument or agreement.

UNAUTHORIZED OBLIGATION. ‌ When any supply or service acquired under this contract is subject to any End Use License Agreement (XXXX), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring BSA or the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability, the following shall govern: (i) Any such clause is unenforceable against BSA and the Government unless separately and specifically agreed to. (ii) Neither BSA nor any BSA authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the XXXX, TOS, or similar legal instrument or agreement. (iii) Any such clause is deemed to be stricken from the XXXX, TOS, or similar legal instrument or agreement.