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in whole or in part, with any: (i) terms and conditions pursuant to this Agreement and any addenda <br />hereto or Documentation; or (ii) applicable law, regulations or rules. Upon written notice from us to you, <br />you shall immediately undertake the defense of such Claim by representatives of your own choosing, <br />subject to our reasonable approval. The Client's liability shall be only to the extent allowed by and <br />within the limits of liability provided by section 768.28, Florida Statutes, and shall not otherwise be <br />deemed a waiver of sovereign immunity of either party. <br />40.13. Indemnity. Without limiting your indemnification obligations in the Agreement, you agree to <br />indemnify and hold First Data, its affiliates, vendors, and third party provider(s) harmless from and <br />against all losses, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of <br />or relating to: <br />40.13.1. Your failure to comply with all terms and conditions in this Section 36, including but not limited <br />to User Documentation; <br />40.13.2. Your use (alone or in combination with any other information) of any Customer Information, <br />reports, information or analytics obtained in connection with your use of Clover Insights; <br />40.13.3. The content or delivery of any marketing messages that you send or cause to be sent to any <br />Customer phone number or email address collected through the use of Clover Insights; or <br />40.13.4. Any other party's access and/or use of Clover Insights with your unique username, password, or <br />other appropriate security code. <br />The Client's liability shall be only to the extent allowed by and within the limits of liability provided by <br />section 768.28, Florida Statutes, and shall not otherwise be deemed a waiver of sovereign immunity of <br />either party. <br />41.13. Indemnity. Without limiting your indemnification obligations in the Agreement, you agree to <br />indemnify and hold us harmless from and against all losses, liabilities, damages, and expenses (including <br />reasonable attorneys' fees) arising out of or relating to: <br />a) Your failure to comply with all terms and conditions in this Section 41, including but not <br />limited to the Clover Ops Guide; <br />b) Your use of any Customer Information obtained in connection with your use of the Clover <br />Service; <br />147 <br />