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i 1 Party shall assume the defense of any Action. The Indemnified Party may employ its own counsel in any such case, and shall pay such counsel's fees and expenses. The Indemnifying Party shall have the right to settle any claim for which indemnification is available;provided,however,that to the extent that such settlement requires the Indemnified Party to take or refrain from taking any action or purports to obligate the Indemnified Party,then the Indemnifying Party shall not settle such claim without the prior written consent of the Indemnified Party,which consent shall not be unreasonably withheld, conditioned or delayed. 23. Article 8.1 "License" is modified to read as follows: If and to the extent that Customer requires the use of Licensed Software in order to use the Service supplied under any Sales Order, Customer shall have a personal, nonexclusive,nontransferable, and limited license to use such Licensed Software in object code only and solely to the extent necessary to use the applicable Service during the corresponding Service Term. All Licensed Software provided to Customer, and each revised version thereof, is licensed(not sold)to Customer by Comcast only for use in conjunction with the Service. Customer may not claim title to,or an ownership interest in, any Licensed Software (or any derivations or improvements thereto), and Customer shall execute any documentation reasonably required by Comcast, including,without limitation,end-user license agreements for the Licensed Software,Comcast and its suppliers shall retain ownership of the Licensed Software,and no rights are granted to Customer other than a license to use the Licensed Software under the terms expressly set forth in this Agreement. 24. Article 9.1 "Disclosure and Use" revised to include the following sentence: In the event any part of this provision conflicts with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 (the "Act"),the Act will govern. Notwithstanding the foregoing information in this Article 9.1,the Parties agree that the Data Practices Act governs the disclosure of confidential information in the Parties possession. 25. Article 9.3 "Publicity" is hereby modified to read as follows: The Agreement provides no right to use any Party's or its affiliates'trademarks, service marks, or trade names, or to otherwise refer to the other Party in any marketing,promotional, or advertising materials or activities.Neither Party shall issue any publication or press release except as permitted by the Agreement or otherwise consented to in writing by the other Party. 26. Article 10.1 "Prohibited Uses and Comcast Use Policies" is hereby modified to read as follows: Customer is prohibited from using, or permitting the use of, any Service (i) for any purpose in violation of any law,rule,regulation, or policy of any government authority; (ii)in violation of any Use Policy(as defined below); (iii)for any use as to which Customer has not obtained all required 9