Uber paid that. As mentioned in the Reuters article -
Waymo confirmed that Uber had paid the $9.7 million owed by Ron, as Uber indemnifies workers under its employment agreements. But Uber had said in financial filings that it expects to challenge paying for Levandowski, who is fighting a federal indictment on charges of stealing trade secrets from Google.
So did lewendowski when the event in question took place.
They are technically on the hook for his too but they will definitely try to argue that since an actual crime took place, their indemnity only goes so far. And I'm sure there is some language to that effect in their policies as well.
Smart guy.