out of or caused by: (i) any breach by Licensor of any material term of this Agreement; (ii) the content of any Licensed Program, trailer and/or other promotional materials provided by Licensor to Rogers hereunder (including, without limitation, any libelous, slanderous or obscene material, violations of copyright, trade- mark rights or other intellectual property rights, personality right, right of privacy or literary or dramatic right); and (iii) any encoding or other services provided by Licensor hereunder. -6- Source: EUROMEDIA HOLDINGS CORP, 10SB12G, 2/15/2007 (b) Rogers shall indemnify Licensor and its affiliates from and against any and all claims, damages, liabilities, costs and expenses (including, without limitation, reasonable legal fees) arising out of or caused by: (i) any breach by Rogers of any material term of this Agreement; and (ii) any claim by a Rogers customer, except a claim related to the content of any Licensed Program, trailer and/or other promotional materials provided by Licensor to Rogers hereunder. (c) This Section shall survive the termination or expiration of this Agreement. 16. LIMITATION OF LIABILITY. Except with respect to any claim or liability arising from an infringement of any third party intellectual property right, in no event shall either party be liable for any special, indirect, consequential, punitive or incidental damages of any kind. This Section shall survive the termination or expiration of this Agreement. 17. COPYRIGHT ROYALTY PAYMENTS. For so long as Rogers is required by Applicable Law to pay copyright royalties relating to Licensed Programs hereunder, Licensor shall reimburse Rogers for 50% of any such royalties actually paid by Rogers, calculated on a rolling basis during the Term and payable monthly. This Section shall survive the termination or expiration of this Agreement. 18. ROGERS' TERMINATION RIGHTS. Notwithstanding any other provision of this Agreement, Rogers may terminate this Agreement, at any