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Page 11 of 15 CONFIDENTIAL <br />Confidential Information pursuant to Company’s request, Company shall <br />indemnify and defend Customer from any and all costs or liabilities <br />resulting from such withholding including, but not limited to, attorney fees <br />and court costs. If Company fails to notify Customer within the time <br />specified or to provide a legal basis for withholding of the Confidential <br />Information, Company agrees that Customer shall be entitled to release and <br />disclose the Confidential Information. <br />7.5. Remedies. Each party acknowledges and agrees that any violation of this Article 7 <br />(Confidentiality and Ownership) may cause irreparable injury to the other party for <br />which there would be no adequate remedy at law and, therefore, such other party <br />shall be entitled to preliminary and other injunctive relief against the other party for <br />any such violation. Such injunctive relief shall be in addition to, and in no way in <br />limitation of, all other remedies or rights that the parties may have at law or in <br />equity. <br />8.Indemnity and Liability. <br />8.1. Customer Indemnity. Only to the extent permitted by law, Customer shall <br />indemnify and hold Company and its Affiliates and their respective officers, <br />directors, shareholders, employees, agents, successors and assigns harmless from <br />any and all claims that relate to Customer's or Users' use of or reliance upon the <br />Service or Customer's failure to properly maintain (or to request maintenance of) <br />the Equipment, except any claims for which Company Indemnifies Customer as <br />described in Section 8.2. <br />8.2. Company Intellectual Property Infringement Protection. <br />8.2.1. If a third party claims that the Service provided to Customer by Company <br />under this agreement infringes that party’s United States patent or <br />copyright, Company shall defend Customer and Customer’s Affiliates <br />against that claim and shall pay any losses, liabilities, damages, judgments, <br />awards, expenses, and costs, including reasonable attorneys’ fees that a <br />court finally awards against Customer, provided that Customer (i) promptly <br />notifies Company of the claim and (ii) permits Company to control and <br />cooperates with Company in the defense and any related settlement <br />negotiations. Customer may participate, at Customer’s own expense, in the <br />defense of such claim. <br />8.2.2. If any part of the Service is, or in Company's reasonable judgment may <br />become, the subject of any such proceeding Company may, at its expense <br />and option, do one of the following: (i) procure for Customer the necessary <br />right to continue using the Service and Equipment; (ii) replace or modify <br />the infringing portion of the Service or Equipment with a functionally <br />equivalent non-infringing item or portion thereof, or (iii) if none of the <br />foregoing are commercially reasonable, terminate Customer's right to use <br />the Service or the affected portion thereof, and refund to Customer an <br />DocuSign Envelope ID: 00AEEDF8-E56F-4832-A7DF-FBD6EF554C6A