R2003-08 AUTHORIZING AGREEMENT - Laserfiche WebLink

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stemming from governmental bodies (including courts and regulatory bodies), acts of nature, acts of public enemies, acts or omissions of camers, which may delay, hinder or prevent performance under this Agreement, provided Ameritech has exercised reasonable measures,if feasible, to mitigate such delay or failure; or ', (b) Any wrongful or negligent act or omission of Customer or its employees, agents, subcontractors or affiliates; or (c) Customer's failure to provide access to Customer's premises as reasonably requested by Ameritech. 15. Indemnification Each party shall defend, indemnify and hold harmless the other party, its corporate af�liates, and their officers, employees and agents from and against all losses, damages, claims, liabilities, and expenses (including attorneys' fees and costs) whether based in contract or tort (including strict liability) to the extent arising out of or resulting from the indemnifying party's acts or omissions, or those of persons furnished by the indemnifying P�Y• Customer shall defend, indemnify and hold harmless Ameritech, its corporate affiliates and their officers, employees and agents from and against claims for libel, slander, or the infringement of copyright arising directly or indirectly from the material transmitted over the facilities or the use thereof; against claims for infringement of patents arising from, combined with, or used in connection with facilities furnished by Ameritech, apparatus and system of Customer; and against all other claims arising out of any act or omission of Customer in �onnection with the facilities provided by Ameritech. The indemnified party shall promptly notify the indemnifying party of any written claim, loss or demand for which the indemnifying party may be responsible under this provision and shall cooperate with the indemnifying party to facilitate the defense or settlement of the claim. The indemnifying party shall keep the indemnified party reasonably apprised of the continuing status of the claim, including any lawsuit resulting therefrom, and shall pernut the indemnified party, at its expense, to participate in the defense or settlement of such claim. The indemnifying party shall have final authority regarding defense and settlement. 16. Limitation of Damages No liability shall in any case attach to Ameritech for any indirect, incidental, or consequential damages, including lost profits, sustained or incuned in connection with this Agreement and the performance or nonperformance of the Centrex Service and features provided pursuant to this Agreement regardless of the form of action, whether in contract, tort, strict liability, or otherwise, and whether or not such damages, injuries, losses or expenses are foreseeable. It is understood and agreed that Ameritech is not an insurer and CONFIDENTIAL Subject to restricrions on first page TJNI 12/12/2002 8