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<br /> 8. LIMITATION OF LIABILITY-Other than what has been set forth in this Agreement
<br /> Bellevue shall not be liable for indirect, incidental, special or consequential
<br /> damages, including loss of profits, revenue data or use, or the cost of cover incurred
<br /> arising out of this agreement even if it has been notified of the possibility of such
<br /> damages.
<br /> 9. INDEMNIFICATION
<br /> Each Party shall protect, defend, indemnify and hold the other Party harmless from and
<br /> against all claims, demands, damages, costs, actions and causes of actions,
<br /> liabilities, fines, penalties, judgments, expenses and attorneys' fees, resulting from
<br /> the injury or death of any person or the damage to or destruction of property, or the
<br /> infringement of any patent, copyright, trademark or trade secret, arising out of their
<br /> own negligence related to this Agreement, or their violation of any law, ordinance or
<br /> regulation, contract provision or term, or condition of regulatory authorization or
<br /> permit. As to the other Party only, both Parties waive any immunity they may have
<br /> under the state Industrial Insurance Act, RCW Title 51 or any other applicable
<br /> worker's compensation statute. The Parties acknowledge that this waiver has been
<br /> negotiated by them, and that the contract price reflects this negotiation.
<br /> In addition, with respect to the unaltered or unmodified Content only, Bellevue shall
<br /> protect, defend, indemnify, and save harmless Licensee, its successors and -
<br /> permitted assigns together with its officers, directors, employees, and from and
<br /> against any third party claim to the extent attributable to a violation of the intellectual
<br /> property rights warranty set forth in this Agreement. If any applicable infringement
<br /> claim is initiated, or in Bellevue's sole opinion is likely to be initiated or likely to be
<br /> initiated, then Bellevue shall have the option, at its expense, to:
<br /> a) in addition to any other requirements of this section, modify or replace all or the
<br /> infringing part of the Content so that it is no longer infringing, provided that the
<br /> Software functionality does not change in any material adverse respect; or
<br /> b) procure for Licensee the right to continue using the infringing part of the
<br /> Content.
<br /> The specific indemnity contained in the preceding paragraph shall survive any
<br /> termination of this Agreement and shall not be subject to the liability limitation
<br /> provisions of this Agreement.
<br /> Each party hereto (the "indemnifying party") agrees to, at all times, defend,
<br /> indemnify and hold the other party hereto (the "indemnified party"), officers,
<br /> directors, agents and employees of each, harmless from and against any and all
<br /> third party claims and suits and associated damages, losses, liabilities, obligations,
<br /> fines, penalties, actual costs and expenses (whether based on tort, breach of
<br /> contract, product liability, patent, trademark or copyright infringement, or otherwise),
<br /> (collectively, "losses"), arising out of or based on any failure by the indemnifying
<br /> party to perform any of the representations or warranties specified in this
<br /> agreement. In seeking indemnification under this agreement, the indemnified party
<br /> shall promptly give written notice to the indemnifying party when it becomes aware
<br /> of a threatened or actual claim or suit and upon receipt of such written notice, the
<br /> indemnifying party will promptly assume and diligently conduct the entire defense of
<br /> any suit or action, or the making of any claim as to which indemnity may be sought
<br /> hereunder, including settlements and appeals, at the indemnifying party's sole cost
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