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SECTION 6 » , TERMS AND CONDITIONS use its best efforts to mitigate such costs, Motorola's liability under this Section 12 is subject to the limitations of Section 15, Limitation of Liability, of this Agreement. C. THE REMEDIES PROVIDED IN THIS SECTION OF THE AGREEMENT WILL BE THE FULL EXTENT OF MOTOROLA' S LIABILITY IN THE EVENT OF DEFAULT. 6.1.13 Section 13 Indemnification A. Motorola's Negligence. Motorola agrees to and hereby indemnifies and saves Customer harmless from all liabilities which may accrue against Customer on account of direct physical damage to tangible property or personal injury to the extent the damage or injury is caused by Motorola's negligence or recklessness, or that of its employees, subcontractors, or agents while on the Customer's premises during the delivery, installation, or testing of the Communications System pursuant to this Agreement. B. Patent and Copyright Infringement. Motorola will defend, at its expense, any suits against Customer based upon a claim that any unaltered Equipment directly infringes a U. S. patent or copyright, and Motorola will pay costs and damages finally awarded against Customer in any such suit, provided that Motorola is notified promptly in writing of any such claim and, at Motorola's request and expense, is given control of the suit and all assistance requested by Motorola in defense of the suit. At any time Motorola may elect, at its option and at no expense to Customer, to (a) obtain for Customer the right to continue use of the Equipment, (b) substitute equivalent equipment reasonably acceptable to Customer and extend this indemnity to the substituted equipment, or (c) accept the return of the Equipment and refund the full purchase price for the Equipment, less a reasonable charge for wear and depreciation. Motorola will have no liability to Customer for any infringement or alleged infringement of any patent or copyright caused by any of Customer's products or the combination of any Equipment with any equipment not furnished by Motorola. C. Motorola's indemnification of Customer under this Section 13 will be the full extent of Motorola's indemnification of Customer from liabilities that are in any way related to Motorola's performance under this Agreement. 6.1.14 Section 14 Disputes A. Motorola and Customer will attempt to settle any claim or controversy arising from this Agreement through consultation and negotiation in good faith and a spirit of mutual cooperation. If those attempts fail, the dispute will be mediated (�l)MOYOROL-A Confidential and Proprietary 6 +° 8