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Notwithstanding something on the contrary in this Warrant, any transfer or assignment of this Warrant shall be prohibited if the proposed transferee or assignee is a competitor of the Company, or if the proposed transfer or assignment would or can be moderately anticipated to contravene any applicable legal guidelines, rules or laws. The Indemnifying Party shall be answerable for the fees and expenses of the counsel retained by the Indemnified Party due to any failure of the Indemnifying Party to imagine the defense of the Third Party Claim. Notwithstanding the foregoing, the Indemnifying Party shall not be entitled to assume the defense of any Third Party Claim for equitable or injunctive aid or any claim that could impose legal liability or indemnification and the Indemnified Party shall be entitled to defend any such Third Party Claim, at the Indemnifying Party’s expense.
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