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arising from the sale, installation or servicing of terminals <br />supplied pursuant to this Agreement or from defects in materials or <br />workmanship in said terminals provided such damages are incurred <br />within ninety (90) days of terminal installation. <br /> <br /> 4.09. Indemnification by Member. Member agrees, to <br />the extent permitted by the state law governing Member, to indemnify <br />and hold OCLC and SOLINET harmless from all loss and liability <br />caused by damage to property and/or to person resulting from the <br />fault or negligence of Member or its employees or agents arising <br />from Member's use, operation or control of terminals obtained for <br />Member by $OLINET pursuant to the OCLC Agreement, provided such <br />damages are incurred within ninety {90) days of terminal <br />installation. <br /> <br /> 4.10. Notice of Loss or Damage. The above-described <br />indemnifications shall apply only to loss or damage of which notice <br />is given within one hundred (100) days from the date of installation <br />of a terminal. <br /> <br /> 4.11. Title to Terminals. Member takes title to any <br />terminal purchased pursuant to this Agreement from OCLC on the date <br />and at the place of installation and assumes thereafter all risk of <br />loss or damage to said terminal, subject to the warranties of OCLC <br />assigned by SOLINET to Member hereinabove. <br /> <br /> 5. Charges. The following provisions will apply to <br />charges due and payable pursuant to this Agreement: <br /> <br /> <br />