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1I <br /> iii. modify the applicable software or Support or other material so that there is no <br /> longer any infringement or breach, provided that such modification does not <br /> adversely affect the functional capabilities of the Miovision Platform and/or <br /> Support as set out herein. <br /> Miovision shall have no liability respecting any Claim of infringement or breach as <br /> aforesaid to the extent such Claim is based upon the combination, operation or use <br /> of the Miovision Platform, Support with other equipment, software, apparatus, <br /> devices or things not supplied by Miovision or in a manner not substantially <br /> consistent with Miovision's specifications and instructions. This section states the <br /> entire liability of Miovision for any type of infringement or breach whatsoever of <br /> intellectual property rights of third parties resulting from or relating to the provision by <br /> Miovision of the Miovision Platform or Support. <br /> c. Mutual Provisions. Each Party's indemnity obligations in this Article 6 are subject to <br /> the following: <br /> i. the aggrieved Party shall promptly notify the indemnifier in writing of the <br /> Claim; <br /> ii. the indemnifier shall have sole control of the defense and all related <br /> settlement negotiations with respect to the Claim; and <br /> iii. the aggrieved Party shall cooperate fully to the extent necessary, and <br /> execute all documents necessary for the defense of such Claim. <br /> 7. TERMINATION. This Agreement may be terminated by Miovision upon the occurrence of <br /> any of the following actions of the Customer, which shall be deemed to be a breach of the <br /> terms of this Agreement: <br /> a. the Customer fails to make payment of any amount due to Miovision; or <br /> b. the Customer breaches any of the obligations or provisions of this Agreement and <br /> fails to remedy such breach within 30 days of written notice from Miovision of such <br /> default; or <br /> c. immediately on written notice by Miovision if the Customer breaches or threatens to <br /> breach any provisions of this Agreement relating to Miovision's IP and Confidential <br /> Information. <br /> 8. RIGHTS ON TERMINATION. Upon the effective date of termination of this Agreement: <br /> a. Miovision may enter the premises where any hardware provided by Miovision is <br /> located and take possession and remove any hardware for which Miovision has not <br /> received payment, and the Customer shall be responsible for all costs incurred by <br /> Miovision in re-possessing the hardware; <br /> b. the Customer shall deliver or destroy all Confidential Information of Miovision at the <br /> direction of Miovision; <br /> c. Customer shall release Miovision from all obligations under this Agreement, save <br /> and except for obligations accrued and owing up to the effective date of termination, <br /> 78 <br />