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such claim, suit or action, and shall have given ADTRAN full and
exclusive control of the defense thereof, and that ADTRAN shall
have sole right to settle or compromise such claim, suit or action.
In the event of a claim, suit or action against ADTRAN alleging in-
fringement by the use of any such equipment or documentation,
furnished under this Agreement, in combination with other arti-
cles 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 Iiability, as finally de-
termined by a court of competent jurisdiction, for such infringe-
ment, 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 here in provided in this indemnity paragraph, neither
Buyer nor ADTRAN makes any warranty to the other with re-
spect to any claim, suit or action of any third party by way of in-
fringement and neither party shall be responsible to the other for
any loss, cost or damages consequential or otherwise, that may be
suffered by the other as a result of any such claim, suit or action.