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GENERAL TERMS AND CONDITIONS /SOUTHWESTERN BELL TELEPHONE, L.P.
SBC TEXAS/CLEC JOINT PETITIONERS
PAGE 13 OF 52
082505
7.1.3 SBC TEXAS shall not be liable to CLEC for any loss arising out of the provision of E911
Service or any errors, interruptions, defects, failures or malfunctions of E911 Service,
including any and all equipment and data processing systems associated therewith.
Damages arising out of such interruptions, defects, failures or malfunctions of the system
after SBC TEXAS has been notified and has had reasonable time to repair, shall in no
event exceed an amount equivalent to any charges made for the service affected for the
period following notice from CLEC until service is restored.
7.1.4 In the event CLEC provides E911 Service to SBC TEXAS, CLEC shall not be liable to
SBC TEXAS, its end Users or its E911 calling parties or any other parties or persons for
any loss arising out of the provision of E911 Service or any errors, interruptions, defects,
failures or malfunctions of E911 Service, including any and all equipment and data
processing systems associated therewith. Damages arising out of such interruptions,
defects, failures or malfunctions of the system after CLEC has been notified and has had
reasonable time to repair, shall in no event exceed an amount equivalent to any charges
made for the service affected for the period following notice from SBC TEXAS until
service is restored.
7.2 No Consequential Damages
7.2.1# NEITHER CLEC NOR SBC TEXAS WILL BE LIABLE TO THE OTHER PARTY FOR ANY
INDIRECT, INCIDENTAL CONSEQUENTIAL, RELIANCE, OR SPECIAL DAMAGES
SUFFERED BY SUCH OTHER PARTY (INCLUDING WITHOUT LIMITATION DAMAGES
FOR HARM TO BUSINESS, LOST REVENUES, LOST SAVINGS, OR LOST PROFITS
SUFFERED BY SUCH OTHER PARTIES), REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, OR TORT, INCLUDING
WITHOUT LIMITATION, NEGLIGENCE OF ANY KIND WHETHER ACTIVE OR
PASSIVE, AND REGARDLESS OF WHETHER THE PARTIES KNEW OF THE
POSSIBILITY THAT SUCH DAMAGES COULD RESULT. EACH PARTY HEREBY
RELEASES THE OTHER PARTY (AND SUCH OTHER PARTY’S SUBSIDIARIES AND
AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS) FROM ANY SUCH CLAIM. NOTHING CONTAINED IN THIS SECTION WILL
LIMIT SBC TEXAS’ OR CLEC’S LIABILITY TO THE OTHER FOR (i) WILLFUL OR
INTENTIONAL MISCONDUCT (INCLUDING GROSS NEGLIGENCE); (ii) BODILY
INJURY, DEATH, OR DAMAGE TO TANGIBLE REAL OR TANGIBLE PERSONAL
PROPERTY PROXIMATELY CAUSED BY SBC TEXAS OR CLEC’S NEGLIGENT ACT
OR OMISSION OR THAT OF THEIR RESPECTIVE AGENTS, SUBCONTRACTORS OR
EMPLOYEES, NOR WILL ANYTHING CONTAINED IN THIS SECTION LIMIT THE
PARTIES INDEMNIFICATION OBLIGATIONS, AS SPECIFIED BELOW.
7.3 Obligation to Indemnify
THE LIMITATIONS OF LIABILITY OUTLINED ABOVE DO NOT PRECLUDE PARTIES
FROM SEEKING DAMAGES IN ANY COURT OF COMPETENT JURISDICTION.
7.3.1 Each Party will and hereby agrees to defend at the other's request, indemnify, and hold
harmless the other Party and each of its officers, directors, employees, and agents (each,
an Indemnitee) against and in respect of any loss, debt, liability, damage, obligation,
claim, demand, judgment, or settlement of any nature or kind, known or unknown,
liquidated or unliquidated, including without limitation all reasonable costs and expenses
incurred (legal, account or otherwise) (collectively, Damages) arising out of, resulting
from, or based upon any pending or threatened claim, action, proceeding or suit by any
third party (a Claim) (i) alleging any omissions, breach of any representation, warranty, or