EXCLUSIONS. Notwithstanding any provision in this Agreement, the Company shall not be obligated under this Agreement to make any indemnification, advance expenses, hold harmless or exoneration payment in connection with any claim made against Indemnitee:

No deed of trust, mortgage, security deed, or similar real estate collateral agreement ("Lien Document"), nor any personal property security agreement other than this Agreement or any modification of same ("Security Agreement"), shall secure this Note unless such Lien Document or Security Agreement specifically describes this Agreement as a part of the indebtedness secured thereby. As used herein, this "Agreement" means either # this Agreement or # a promissory note, Confirmation Letter or other evidence of indebtedness which has been modified, renewed or extended in whole or in part by this Agreement. This exclusion shall apply notwithstanding the fact that such Lien Document or Security Agreement may appear to secure this Agreement by virtue of a cross- collateralization provision or other provisions expanding the scope of the secured obligations.

EXCLUSIONS. Notwithstanding any provision in this Agreement, except for Section 27, the Company shall not be obligated under this Agreement to make any indemnification, advance of expenses, hold harmless or exoneration payment in connection with any claim made against Indemnitee:

Exclusions. None of the Confidential Information, Provider Confidential Information or BFA Confidential Information shall include any information that the Receiving Party can demonstrate: # was, at the time of disclosure to it, in the public domain; # after disclosure to it, is published or otherwise becomes part of the public domain through no fault of the Receiving Party; # was in possession of the Receiving Party at the time of disclosure to it and was not the subject of a pre-existing confidentiality obligation; # was received after disclosure to it from a third party who had a lawful right to disclose such information to it; or # was independently developed by the Receiving Party without use of the Confidential Information of the Furnishing Party. Any exclusion from the definition of Confidential Information contained herein will not apply to Personal Information.

Supplemental provisions concerning cross-collateralization and personal property

Exclusions. The following are expressly excluded from the Premises and reserved to Landlord: all the perimeter walls of the Premises (except the inner surfaces thereof), the Common Areas, and any space in or adjacent to the Premises used for shafts, stacks, pipes, conduits, wires and appurtenant fixtures, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, and the use of all of the foregoing, except as expressly permitted pursuant to Section 1.3(a) above.

Exclusions. The foregoing obligations in Section 6.2 shall not apply to any Proprietary Information # is or has become generally known or available other than by any act or omission of the non-Disclosing Party; # was rightfully known by the non-Disclosing Party prior to the time of first disclosure to the Disclosing Party; # is independently developed by the non-Disclosing Party without the use of Proprietary Information of the Disclosing Party; or # is rightfully obtained without restriction from a third party who has the right to make such disclosure and without breach of any duty of confidentiality to the Disclosing Party. In addition, either Party may use or disclose Proprietary Information of the other Party to the extent # approved in advance in writing by the Disclosing Party or # if legally compelled to disclose such Proprietary Information, provided that non-Disclosing Party shall use reasonable efforts to give advance notice of such compelled disclosure to the Disclosing Party, and shall cooperate with the Disclosing Party in connection with any efforts to prevent or limit the scope of such disclosure and/or use of the Proprietary Information.

EXCLUSIONS. Notwithstanding any provision in this Agreement, the Company shall not be obligated under this Agreement to make any indemnification, advance of Expenses, hold harmless or exoneration payment in connection with any claim made against Indemnitee:

Exclusions. Medidata is not liable for: # an Authorized User’s use of the Subscription Services not in accordance with this Agreement or Sales Order; # use of the Subscription Services by Customer with third party data, software or hardware which is incompatible with the Subscription Services or not recommended by Medidata; # reduced performance or non-availability of the Subscription Services as a result of Customer’s network connections; or # errors in the Subscription Services resulting from Customer’s configuration of the Subscription Services, in each case not specifically recommended in writing by Medidata.

EXCLUSIONS. Notwithstanding any provision in this Agreement, except for Section 28, the Company shall not be obligated under this Agreement to make any indemnification, advance of expenses, hold harmless or exoneration payment in connection with any claim made against Indemnitee: