see page onwards Backstop Extended version o B3-SV23-B Bevel-helical gear reducer B3

Flender/Flender Gear Units/Bevel-helical gear reducer B3

ollowing conditions: () the Customer has promptly notified Flender in writing of the third partys claim and furnished Flender with copy of all communications, notices, or other documents relating to the alleged infringement, (ii) the Customer does not concede infringement and provides Flender with the authority, information, and assistance reasonably required by Flender to defend or settle such claim, and (iii) the Customer gives Flender sole control of the defense (including the right to select counsel) and the sole right to settle such claim. 9.3. If as result of an infringement claim the Customer ceases to use all or any portion of the Service results or deliverable, it shall provide written notice to the third party alleging infringement that its voluntary cessation of use is not and shall not deemed an admission of IPR infringement. 9.4 Any liability of Flender pursuant to this Clause 9 shall be excluded if the Customer (including its agents, employees, or contractors) is responsible for the claimed IPR infringement. Customer shall be deemed responsible for the claimed IPR infringement if the IPR infringement was caused by () the specific demands of the Customer, (ii) by use of the Service results or deliverables for purpose or in manner International Terms and Conditions for Consulting and Remote Services (0/2 ) Unrestricted International Terms and Conditions for Consulting and Remote Services (Version 0/2 ) page 4 of 7 not foreseeable by Flender, (iii) by modification of the Service results or deliverables by the Customer (including its agents, employees, or contractors), or (iv) by use or integration of the Service results or deliverables with any equipment or materials not provided by Flender as part of the Services. 9.5. This Clause 9 sets forth Flenders entire liability and the Customers exclusive remedy for infringement of third party IPR and any other third party rights by the Se