Common use of Guarantees and Indemnity Clause in Contracts

Guarantees and Indemnity. 24.1 The Contractor indemnifies Miele against all Damages (whether incurred by or awarded) that Miele sustains or incurs (directly or indirectly) because of: (a) a breach of a term of this Agreement by the Contractor; (b) a claim by a third party arising from any act or omission of the Contractor or any of its Personnel in connection with this Agreement, whether negligent or not; (c) any negligent, wilful, reckless or unlawful act or omission of the Contractor or its Personnel in connection with this Agreement; (d) any injury, illness or death to Miele's Personnel arising out of or in connection with this Agreement; and, (e) loss or damage to physical property caused by an act or omission of the Contractor or its Personnel negligent or not. 24.2 The Contractor indemnifies Miele and its employees and agents, against any claim made by any third party arising by reason of the use of the Goods, or in any way connected with the Goods or their supply under this Agreement, or otherwise arising due to any act or omission on behalf of the Contractor, with respect to its obligations as set out by this Agreement. Such claims may include, without any limitation whatsoever, any claims based on statute, common law, unjust enrichment or equity and all claims for actual or alleged infringement of any patent, trademarks, copyright, design, confidential information or similar protection whether granted by the Commonwealth of Australia or foreign state or the common law.

Appears in 1 contract

Sources: Terms and Conditions

Guarantees and Indemnity. 24.1 The Contractor indemnifies Miele against all Damages (whether incurred by or awarded) that Miele ▇▇▇▇▇ sustains or incurs (directly or indirectly) because of: (a) a breach of a term of this Agreement by the Contractor; (b) a claim by a third party arising from any act or omission of the Contractor or any of its Personnel in connection with this Agreement, whether negligent or not; (c) any negligent, wilful, reckless or unlawful act or omission of the Contractor or its Personnel in connection with this Agreement; (d) any injury, illness or death to Miele's ▇▇▇▇▇'▇ Personnel arising out of or in connection with this Agreement; and, (e) loss or damage to physical property caused by an act or omission of the Contractor or its Personnel negligent or not. 24.2 The Contractor indemnifies Miele and its employees and agents, against any claim made by any third party arising by reason of the use of the Goods, or in any way connected with the Goods or their supply under this Agreement, or otherwise arising due to any act or omission on behalf of the Contractor, with respect to its obligations as set out by this Agreement. Such claims may include, without any limitation whatsoever, any claims based on statute, common law, unjust enrichment or equity and all claims for actual or alleged infringement of any patent, trademarks, copyright, design, confidential information or similar protection whether granted by the Commonwealth of Australia or foreign state New Zealand or the common law.

Appears in 1 contract

Sources: Supply Agreement