Such exclusions and limits will not apply to the extent they are prohibited by law.</p>10. Indemnification<p>OwnBackup will defend Customer against any claim, demand, suit or proceeding against Customer alleging that use of an Application in accordance with this Agreement infringes or misappropriates a third party’s intellectual property rights (a “<strong>Claim</strong>”), and will indemnify and hold harmless Customer from and against any damages, attorney fees and costs awarded against Customer as a result of, or for amounts paid by Customer in settlement of, a Claim, provided Customer (a) promptly notifies OwnBackup of the Claim, (b) gives OwnBackup sole control of the defense and settlement of the Claim (except OwnBackup may not settle a Claim unless Customer is unconditionally released of all liability), and (c) gives OwnBackup all reasonable assistance at OwnBackup’s expense.