This excerpt taken from the EYE 10-Q filed Aug 9, 2006.
5.3 Indemnification for Breach of Representations and Warranties. In the event of a material breach of any of the representations and warranties under this Section V, the party harmed by such breach shall be indemnified and held harmless by the party giving the representations or warranties from and against all claims, costs, attorneys fees and other expenses brought against or incurred by said harmed party as a consequence of such breach. If
any party becomes aware that it is in breach of paragraph 5.1 (b) or (c) or 5.2 (b) or (c) that is not material to the licenses and other rights granted under this Agreement (e.g. failure to perfect title in or an assignment of a patent that is not relevant to any Existing Feature of the products of the licensed party), the party making the representation or warranty causing said technical breach shall promptly cure said breach. A party that becomes aware of such a non-material breach by the other shall give notice in accordance with paragraph 8.2 and a reasonable opportunity to cure before initiating dispute resolution under Section VII of this Agreement. Any demand for indemnification under this paragraph 5.3 shall be subject to the provisions of Section VII (Future Dispute Resolution) of this Agreement.