1General. Supplier shall be solely responsible for, and shall defend, indemnify, and hold ISR, including its shareholders, officers, directors, employees and consultants harmless from and against any and all claims, liabilities, demands, suits, proceedings (whether civil or criminal, other than criminal acts of ISR), orders, judgments, penalties, settlements, fines and all associated costs, losses and expenses (including reasonable attorneys’ and other professionals’ fees) or any other direct damages (collectively, "Damages"), which ISR and/or any of the above persons and entities may incur arising out of, incidental to, or connected with any of the following (all without derogating from any other remedy that ISR and/or any of the above persons and entities may be entitled to under the circumstances, pursuant to this Agreement or under any applicable law): 20.1.1. the Works, including but without limitation, their design, assembly, integration, adjustment, tests and trials of the Machine (and/or any part thereof), as well as the Warranty; 20.1.2. the use of the Machine and/or any part thereof, when the Damages arise from faulty design (including errors and omissions in design) or workmanship; 20.1.3. any damage to property, death or injury to persons, arising out of, or in connection with, the Machine or the Works; 20.1.4. Supplier’s breach of any term or provision of this Agreement or any applicable law; 20.1.5. any claims against ISR made by any Subcontractor arising from, or in connection with, the Works to be performed by the Subcontractor, including but without limitation any payments related to the Works or any part thereof to any Subcontractor; 20.1.6. any negligent or willful act, error or omission by Supplier, its employees, agents, representatives and Subcontractors, in the performance of this Agreement (including, for the removal of doubt, the execution of the Works); 20.1.7. any actual or alleged infringement of Intellectual Property Rights of whatever type arising out of, in connection with, or otherwise resulting from the use of the Works by Supplier, its Subcontractors or ISR.
Appears in 4 contracts
Sources: Purchase Agreement, Purchase Agreement, Supply Agreement
1General. Supplier shall be solely responsible for, and shall defend, indemnify, and hold ISR, including its shareholders, officers, directors, employees and consultants harmless from and against any and all claims, liabilities, demands, suits, proceedings (whether civil or criminal, other than criminal acts of ISR), orders, judgments, penalties, settlements, fines and all associated costs, losses and expenses (including reasonable attorneys’ and other professionals’ fees) or any other direct damages (collectively, "Damages"), which ISR and/or any of the above persons and entities may incur arising out of, incidental to, or connected with any of the following (all without derogating from any other remedy that ISR and/or any of the above persons and entities may be entitled to under the circumstances, pursuant to this Agreement or under any applicable law):
20.1.121.1.1. the Works, including but without limitation, their design, assembly, integration, adjustment, tests and trials of the Machine (and/or any part thereof), as well as the Warranty;
20.1.221.1.2. the use of the Machine and/or any part thereof, when the Damages arise from faulty design (including errors and omissions in design) or workmanship;
20.1.321.1.3. any damage to property, death or injury to persons, arising out of, or in connection with, the Machine or the Works;
20.1.421.1.4. Supplier’s breach of any term or provision of this Agreement or any applicable law;
20.1.521.1.5. any claims against ISR made by any Subcontractor arising from, or in connection with, the Works to be performed by the Subcontractor, including but without limitation any payments related to the Works or any part thereof to any Subcontractor;
20.1.621.1.6. any negligent or willful act, error or omission by Supplier, its employees, agents, representatives and Subcontractors, in the performance of this Agreement (including, for the removal of doubt, the execution of the Works);
20.1.721.1.7. any actual or alleged infringement of Intellectual Property Rights of whatever type arising out of, in connection with, or otherwise resulting from the use of the Works by Supplier, its Subcontractors or ISR.
Appears in 4 contracts
Sources: Purchase Agreement, Supply Agreement, Supply Agreement
1General. Supplier shall be solely responsible for, and shall defend, indemnify, and hold ISR, including its shareholders, officers, directors, employees and consultants harmless from and against any and all claims, liabilities, demands, suits, proceedings (whether civil or criminal, other than criminal acts of ISR), orders, judgments, penalties, settlements, fines and all associated costs, losses and expenses (including reasonable attorneys’ and other professionals’ fees) or any other direct damages (collectively, "Damages"), which ISR and/or any of the above persons and entities may incur arising out of, incidental to, or connected with any of the following (all without derogating from any other remedy that ISR and/or any of the above persons and entities may be entitled to under the circumstances, pursuant to this Agreement or under any applicable law):
20.1.121.1.1. the Works, including but without limitation, their design, assembly, integration, adjustment, tests and trials of the Machine Shunter (and/or any part thereof), as well as the Warranty;
20.1.221.1.2. the use of the Machine Shunter and/or any part thereof, when the Damages arise from faulty design (including errors and omissions in design) or workmanship;
20.1.321.1.3. any damage to property, death or injury to persons, arising out of, or in connection with, the Machine Shunter or the Works;
20.1.421.1.4. Supplier’s breach of any term or provision of this Agreement or any applicable law;
20.1.521.1.5. any claims against ISR made by any Subcontractor arising from, or in connection with, the Works to be performed by the Subcontractor, including but without limitation any payments related to the Works or any part thereof to any Subcontractor;
20.1.621.1.6. any negligent or willful act, error or omission by Supplier, its employees, agents, representatives and Subcontractors, in the performance of this Agreement (including, for the removal of doubt, the execution of the Works);
20.1.721.1.7. any actual or alleged infringement of Intellectual Property Rights of whatever type arising out of, in connection with, or otherwise resulting from the use of the Works by Supplier, its Subcontractors or ISR.
Appears in 3 contracts
Sources: Supply Agreement, Supply Agreement, Supply Agreement
1General. Supplier shall be solely responsible for, and shall defend, indemnify, and hold ISR, including its shareholders, officers, directors, employees and consultants harmless from and against any and all claims, liabilities, demands, suits, proceedings (whether civil or criminal, other than criminal acts of ISR), orders, judgments, penalties, settlements, fines and all associated costs, losses and expenses (including reasonable attorneys’ and other professionals’ fees) or any other direct damages (collectively, "Damages"), which ISR and/or any of the above persons and entities may incur arising out of, incidental to, or connected with any of the following (all without derogating from any other remedy that ISR and/or any of the above persons and entities may be entitled to under the circumstances, pursuant to this Agreement or under any applicable law):
20.1.121.1.1. the Works, including but without limitation, their design, assembly, integration, adjustment, tests and trials of the Machine Cranes (and/or any part thereof), as well as the Warranty;
20.1.221.1.2. the use of the Machine Cranes and/or any part thereof, when the Damages arise from faulty design (including errors and omissions in design) or workmanship;
20.1.321.1.3. any damage to property, death or injury to persons, arising out of, or in connection with, the Machine Cranes or the Works;
20.1.421.1.4. Supplier’s breach of any term or provision of this Agreement or any applicable law;
20.1.521.1.5. any claims against ISR made by any Subcontractor arising from, or in connection with, the Works to be performed by the Subcontractor, including but without limitation any payments related to the Works or any part thereof to any Subcontractor;
20.1.621.1.6. any negligent or willful act, error or omission by Supplier, its employees, agents, representatives and Subcontractors, in the performance of this Agreement (including, for the removal of doubt, the execution of the Works);
20.1.721.1.7. any actual or alleged infringement of Intellectual Property Rights of whatever type arising out of, in connection with, or otherwise resulting from the use of the Works by Supplier, its Subcontractors or ISR.
Appears in 2 contracts
Sources: Supply Agreement, Supply Agreement
1General. Supplier shall be solely responsible for, and shall defend, indemnify, and hold ISR, including its shareholders, officers, directors, employees and consultants harmless from and against any and all claims, liabilities, demands, suits, proceedings (whether civil or criminal, other than criminal acts of ISR), orders, judgments, penalties, settlements, fines and all associated costs, losses and expenses (including reasonable attorneys’ and other professionals’ fees) or any other direct damages (collectively, "Damages"), which ISR and/or any of the above persons and entities may incur arising out of, incidental to, or connected with any of the following (all without derogating from any other remedy that ISR and/or any of the above persons and entities may be entitled to under the circumstances, pursuant to this Agreement or under any applicable law):
20.1.122.1.1. the Works, including but without limitation, their design, assembly, integration, adjustment, tests and trials of the Machine B.S.T.S (and/or any part thereof), as well as the Warranty;
20.1.222.1.2. the use of the Machine B.S.T.S and/or any part thereof, when the Damages arise from faulty design (including errors and omissions in design) or workmanship;
20.1.322.1.3. any damage to property, death or injury to persons, arising out of, or in connection with, the Machine B.S.T.S or the Works;
20.1.422.1.4. Supplier’s breach of any term or provision of this Agreement or any applicable law;
20.1.522.1.5. any claims against ISR made by any Subcontractor arising from, or in connection with, the Works to be performed by the Subcontractor, including but without limitation any payments related to the Works or any part thereof to any Subcontractor;
20.1.622.1.6. any negligent or willful act, error or omission by Supplier, its employees, agents, representatives and Subcontractors, in the performance of this Agreement (including, for the removal of doubt, the execution of the Works);
20.1.722.1.7. any actual or alleged infringement of Intellectual Property Rights of whatever type arising out of, in connection with, or otherwise resulting from the use of the Works by Supplier, its Subcontractors or ISR.
Appears in 1 contract
Sources: Supply Agreement