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6. indemnification A. Client agrees to indemnify, defend and hold harmless CommSys from and against: (i) any and all claims or lawsuits, and pay all resulting losses, suits, damages, claims, and expenses, including attorney's fees and costs, arising out of or in connection with the sale, sublicense, integration, bundling., modification, or use of the Licensed Software or the Source Code, or the use or disclosure of any of CommSys' Confidential Information or intellectual property other than in accordance with this License Agreement; and (ii) any and all losses, suits, damages, claims, and expenses, including attorney's tees and costs, arising out of or in connection with the breach by Client of any of Client's representations, warranties, covenants, or obligations pursuant to this License Agreement. B. CommSys agrees to indemnify, defend and hold Client harmless from and against any third party claims, and pay all resulting costs, expenses, liabilities or damages (including reasonable attorneys' fees) finally awarded or in settlement and paid by Client with respect to any such claim, alleging that the Licensed Software infringes any third party copyright, trademark or patent. Client shaft promptly notify CommSys of any such claim, and shall grant CommSys stale control of the defense and all related settlement negotiations, provided that. Client shall provide CommSys with the assistance, information, and authority reasonably necessary to perform the above. If use of the Licensed Software is enjoined or the Licensed Software is held by a court :or arbitrator to infringe-, CommSys shall use reasonable, good faith efforts to: obtain a license under the rights that have been infringed; modify the. Licensed Software so it is noninfringing; or to provide to Client substitute Licensed Software that is noninfringing; provided that if such options are oat commercially reasonable in Commsys' discretion, CommSys may remove the Licensed Software from gxhibit AA hereof upon written notice to Client, and in such event shall refund all fees paid by Client to CommSys with. respect thereto. Furthermore, CommSys shall have no liability nor obligation to indemnify for infringement as provided in this Section 6.13. to the extent CommSys obtains a license or provides a noninfringing substitute Licensed Software, as provided above, or to the extent that such claire is the result of modification of the Licensed Software or Source Code by Client if use of the Licensed Software in its unmodified form would not have been an infringement. The remedies set forth under this Section 6.B. shall. be the sole remedies available with respect thereto. C. It is agreed that in no event shall the liability of CommSys pursuant to this License Agreement exceed the sum of the actual fees paid by Client to CommSys hereunder. This docurnant contains information confidential to COMMSys Inc, Page 5 of 10