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12.3 Unauthorized Access and Hacldng.Except for physical damage to Customer's transmission facilities or
<br /> Customer premise equipment directly caused by Embarq's negligence or willful misconduct,Embarq is
<br /> not responsible for unauthorized access to, or alteration, theft, or destruction of, Customer's data,
<br /> programs or other information through accident, wrongful means or any other cause while such
<br /> information is stored on or transmitted across Embarq-provided network facilities or Customer premise
<br /> equipment.
<br /> 12.4 Liability for Content. Embarq is not responsible for the content of any information transmitted,
<br /> accessed,or received by Customer through Embarq's provision of the Products and Services.
<br /> 13. INDEMNIFICATION.
<br /> 13.1 Mutual Indemnification for Personal Injury, Death or Damage to Personal Property. Each party
<br /> will indemnify and defend the other party, its directors, officers, employees, agents and their successors
<br /> from and against all third party claims for damages, losses, liabilities, or expenses, including reasonable
<br /> attorneys'fees,arising directly from performance of the Agreement and relating to personal injury,death,or
<br /> damage to tangible personal property that is alleged to have resulted, in whole or in part, from the
<br /> negligence or willful misconduct of the indemnifying party or its subcontractors, directors, officers,
<br /> employees or authorized agents.
<br /> 13.2 Customer Indemnification.Customer will indemnify and defend Embarq,Embarq's officers,directors,
<br /> agents, and employees and their successors, against all third party claims for damages,losses, liabilities
<br /> 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 /> Embarq to provide the Products and Services (e.g., landlord permissions or local construction
<br /> licenses). This provision does not include permits, licenses, or consents related to Embarq's
<br /> general qualification to conduct business;
<br /> B. Customer's transmissions,or transmissions by parties authorized by Customer,of,information,
<br /> data, or messages over the Embarq-provided network leading directly or indirectly to third
<br /> party claims:(1)for libel,slander,invasion of privacy,infringement of copyright,and invasion
<br /> or alteration of private records or data; (2)for infringement of patents arising from the use of
<br /> equipment,hardware or software not provided by Embarq; and(3)based on transmission and
<br /> uploading of information that contains viruses, worms, or other destructive media or other
<br /> unlawful content;
<br /> C. Embarq's failure to pay any tax to the extent that Embarq relied on Customer's claimed
<br /> legitimate exemption under applicable law;
<br /> D. Customer's breach of software licensing requirements;and
<br /> E. Customer's failure to comply with the usage requirements in the Customer Responsibilities
<br /> Section of these Standard Terms and Conditions.
<br /> 13.3 Embarq Indemnification.Embarq will indemnify and defend Customer,Customer's officers,directors,
<br /> agents, and employees and their successors against third party claims enforceable in the United States
<br /> alleging that Services as provided infringe any third party United States patent or copyright or contain
<br /> misappropriated third party trade secrets. But Embarq's obligations under this Section will not apply if
<br /> the infringement or violation is caused by Customer's modification to Embarq-provided software,
<br /> equipment or Services; combination of Embarq-provided services or products with other services or
<br /> products; functional or other specifications that were provided by or requested by Customer; or
<br /> Customer's continued use of infringing Services after Embarq provides reasonable notice to Customer of
<br /> the infringement.For any third party claim that Embarq receives,or to minimize the potential for a claim,
<br /> Embarq may,at its sole option,either:
<br /> A. procure the right for Customer to continue using the Services;
<br /> B. replace or modify the Services with comparable Services;or
<br /> C. terminate the Services.
<br /> 13.4 Rights of Indemnified Party. To be indemnified, the party seeking indemnification must promptly
<br /> notify the other party in writing of the claim(unless the other party already has notice of the claim); give
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