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PARTY WAS AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILTTY OF
<br />THESE DAMAGES.
<br />12.3 Unauthorized Access and Hacking. Except for physical damage to Customer's transmission
<br />facilities or Customer premise equipment directly caused by CenturyLink's negligence or willful
<br />misconduct, CenturyLink is not responsible for unauthorized access to, or alteration, theft, or
<br />destruction of, Customer's data, programs or other information through accident, wrongful means
<br />or any other cause while such information is stored on or transmitted across CenturyLink-provided
<br />network facilities or Customer premise equipment.
<br />12.4 Liability for Content. CenturyLink is not responsible for the content of any information
<br />transmitted, accessed, or received by Customer through CenturyLink's provision of the Products
<br />and Services.
<br />13. INDEMNIFICATION.
<br />13.1 Mutual Indemnification for Personal Injury, Death or Damage to Personal Property. Each
<br />party will indemnify and defend the other party, its directors, officers, employees, agents and their
<br />successors from and against all third party claims for damages, losses, liabilities, or expenses,
<br />including reasonable attorneys' fees, arising directly from performance of the Agreement and relating
<br />to personal injury, death, or damage to tangible personal property that is alleged to have resulted,
<br />in whole or in part, from the negligence or willful misconduct of the indemnifying party or its
<br />subcontractors, directors, officers, employees or authorized agents.
<br />13.2 Customer Indemnification. Customer will indemnify and defend CenturyLink, CenturyLink's
<br />officers, directors, agents, and employees and their successors, against all third party claims for
<br />damages, losses, liabilities or expenses, including reasonable attorneys' fees, arising out of:
<br />A. Customer's failure to obtain required permits, licenses, or consents necessary to enable
<br />CenturyLink to provide the Products and Services (e.g., landlord permissions or local
<br />construction licenses). This provision does not include permits, licenses, or consents
<br />related to CenturyLink's general qualification to conduct business;
<br />B. Customer's transmissions, or transmissions by parties authorized by Customer, of,
<br />information, data, or messages over the CenturyLink-provided network leading directly
<br />or indirectly to third party claims: (1) for libel, slander, invasion of privacy, infringement
<br />of copyright, and invasion or alteration of private records or data; (2) for infringement of
<br />patents arising from the use of equipment, hazdwaze or softwaze not provided by
<br />CenturyLink; and (3) based on transmission and uploading of information that contains
<br />viruses, worms, or other destructive media or other unlawful content;
<br />C. CenturyLink's failure to pay any tax to the extent that CenturyLink relied on Customer's
<br />claimed legitimate exemption under applicable law;
<br />D. Customer's breach of softwaze licensing requirements; and
<br />E. Customer's failure to comply with the usage requirements in the Customer
<br />Responsibilities Section of these Standazd Terms and Conditions.
<br />13.3 CenturyLink Indemnification. CenturyLink will indemnify and defend Customer, Customer's
<br />officers, directors, agents, and employees and their successors against third party claims
<br />enforceable in the United States alleging that Services as provided infringe any third party United
<br />States patent or copyright or contain misappropriated third party trade secrets. But CenturyLink's
<br />obligations under this Section will not apply if the infringement or violation is caused by
<br />Customer's modification to CenturyLink-provided software, equipment or Services; combination
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