ADTRAN Express 3000 SP User Manual page 6

In the event of a claim, suit or action against ADTRAN alleging
infringement by the use of any such equipment or documentation,
furnished under this Agreement, in combination with other articles or
in carrying out any process covered by a patent owned or controlled
by any other person, in which independent use of the equipment
under this Agreement would not be an infringement. Buyer shall save
ADTRAN harmless from liability, as finally determined by a court of
competent jurisdiction, for such infringement, provided that
ADTRAN shall have given Buyer full and exclusive control of the
defense thereof, and that Buyer shall have the sole right to settle claim,
suit or action.
Except as herein provided in this indemnity paragraph, neither Buyer
nor ADTRAN makes any warranty to the other with respect to any
claim, suit or action of any third party by way of infringement and nei-
ther party shall be responsible to the other for any loss, cost or damag-
es consequential or otherwise, that may be suffered by the other as a
result of any such claim, suit or action.
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