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� OR OTHEf2 TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING
<br /> CALLS TO 911 OR ANY SIMILAR EMERGENCY RESPONSE NUMBER), OR GUARANTEE REGARDING NETWORK
<br /> SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE,THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED
<br /> UP, STORED OR SUBJECT TO LOAD BALANCING, OR THAT AT&T'S SECURITY PROCEDURES WILL PREVENT THE
<br /> LOSS OR ALTERATION OF, OR IMPROPER ACCESS TO, CUSTOMER'S DATA AND CONFIDENTIAL INFORMATION.
<br /> 6.2 Limitation of Liability.
<br /> (a) AT&T'S ENTIRE LIABIUTY, AND CUSTOMER'S EXCLUSIVE REMEDY, FOR DAMAGES ARISING OUT OF I�
<br /> MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE SERVICES, AND NOT �
<br /> CAUSED BY CUSTOMER'S NEGUGENCE, SHALL IN NO EVENT EXCEED THE APPLICABLE CREDITS '
<br /> SPECIFIED IN A SERVICE PUBLICATION OR PRICING SCHEDULE, OR IF NO CREDITS ARE SPECIFIED, AN ,
<br /> AMOUNT EQUIVALENT TO THE PROPORTIONATE CHARGE TO CUSTOMER FOR THE PERIOD OF SERVICE
<br /> DURING WHICH SUCH MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT IN THE �
<br /> SERVICES OCCURS AND CONTINUES. IN NO EVENT SHALL ANY OTHER LIABILITY ATTACH TO AT&T.
<br /> (b) SECTION 6.2(a)WILL NOT APPLY TO:
<br /> (i) BODILY INJURY, DEATH, OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY CAUSED BY '
<br /> AT&T'S NEGLIGENCE;
<br /> (ii) BREACH OF SECTION 5 (Confidential Information), SECTION 10.1 (Publicity), OR SECTION 10.2
<br /> (Trademarks);
<br /> (iii) SETTLEMENT, DEFENSE OR PAYMENT OBLIGATIONS UNDER SECTION 7(Third Party Claims); OR
<br /> (iv) DAMAGES ARISING FROM AT&T'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
<br /> (c) NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL,
<br /> CONSEQUENTIAL, PUNITIVE, RELIANCE, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION,
<br /> DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES, OR INCREASED COST OF
<br /> OPERATIONS.
<br /> 6.3 Disclaimer of Liability. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES, EXCEPT TO THE EXTENT CAUSED
<br /> BY AT&T'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, ARISING OUT OF OR RELATING TO:
<br /> INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT,
<br /> SERVICES, CONTENT, OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; SERVICE DEFECTS,
<br /> SERVICE LEVELS, DELAYS, OR INTERRUPTIONS (EXCEPT FOR LIABILITY FOR SUCH EXPLICITLY SET FORTH IN
<br /> THIS AGREEMEN�; ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER
<br /> TRANSMISSIONS (INCLUDING 911 CALLS OR ANY SIMILAR EMERGENCY RESPONSE NUMBER); LOST OR ALTERED
<br /> MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR
<br /> DESTRUCTION OF CUSTOMER'S, ITS AFFILIATE'S, USERS', OR THIRD PARTIES' APPLICATIONS, CONTENT, DATA,
<br /> PROGRAMS, CONFIDENTIAL INFORMATION, NETWORK, OR SYSTEMS.
<br /> 6.4 Application and Survival. The disclaimer of warranties and limitations of liability set forth in this Agreement will
<br /> apply regardless of the form of action, whether in contract, equity, tort, strict liability or othenroise and whether damages were
<br /> foreseeable, and will apply so as to limit the liability of each party and its A�liates, and their respective employees, directors,
<br /> subcontractors, and suppliers. The limitations of liability and disclaimers set out in this Section 6 will survive failure of any
<br /> exclusive remedies provided in this Agreement.
<br /> 7. THIRD PARTY CLAIMS
<br /> 7.1 AT&T's Obligations. AT&T agrees at its expense to defend or settle any third-party claim against Customer, its
<br /> Affiliates, and its and their respective employees and directors, and to pay all compensatory Damages that a court may finally
<br /> award against such parties to the extent the claim alleges that a Service provided to Customer under this Agreement infringes
<br /> any patent, tradema�k, copyright, or trade secret, but not in circumstances where the claimed infringement arises out of or '
<br /> results from: (a) Customer's, its Affiliate's or a Users content; (b) modifications to the Service by Customer, its Affiliates or
<br /> third parties, or combinations of the Service with any services or products not provided by AT&T; (c) AT&T's adherence to
<br /> Customer's or its Affiliate's written requirements;or(d)use of the Service in violation of this Agreement. '
<br /> 7.2 Customer's Obligations. Customer agrees at its expense to defend or settle any third-party claim against AT&T,
<br /> AT&T's Affiliates, and its and their respective employees, directors, subcontractors, and suppliers, and to pay all
<br /> compensatory Damages that a court may finally award against such parties to the extent the claim: (a) arises out of
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