Indemnity and Release. Notwithstanding clause 9, the Supplier indemnifies the Purchaser, its affiliated companies, and their Representatives, successors, and assigns and holds them harmless from and against any and all claims, suits, actions, liabilities, Loss, judgments or damages, whether ordinary, special or consequential arising directly or indirectly from or in connection with: (a) the acts, negligence, omissions or wilful misconduct of the Supplier; (b) the Goods or Services supplied; (c) a breach of any of the Supplier’s warranties or any other term of the Agreement; (d) the Supplier’s negligent, unauthorised or wrongful acts or omissions with regards to the use or installations of hazardous materials; (e) a claim that any Goods or Services supplied to the Purchaser infringe upon or misappropriate the Intellectual Property Rights of another person; or (f) a claim of any lien, security interest or other encumbrance made by a third party.
Appears in 4 contracts
Sources: Supplier Purchase Order Terms and Conditions, Supplier Purchase Order Terms and Conditions, Purchase Order
Indemnity and Release. Notwithstanding clause 9, the Supplier indemnifies the PurchaserPenske, its affiliated companies, and their Representatives, successors, and assigns and holds them harmless from and against any and all claims, suits, actions, liabilities, Loss, judgments or damages, whether ordinary, special or consequential arising directly or indirectly from or in connection with:
(a) the acts, negligence, omissions or wilful misconduct of the Supplier;
(b) any defect in the design or manufacture of the Goods or defect in the Services supplied;
(c) a breach of any of the Supplier’s warranties or any other term of the Agreement;
(d) the Supplier’s negligent, unauthorised or wrongful acts or omissions with regards to the use or installations of hazardous materialshazardousmaterials;
(e) a claim that any Goods or Services supplied to the Purchaser Penske infringe upon or misappropriate the Intellectual Property Rights of another person; or
(f) a claim of any lien, security interest (including a Security Interest) or other encumbrance made by a third party, except to the extent that such liability was caused or contributed by negligence or wilful misconduct of Penske.
Appears in 3 contracts
Sources: Purchase Order Terms and Conditions, Purchase Order Terms and Conditions, Purchase Order Terms and Conditions
Indemnity and Release. Notwithstanding clause 9, the Supplier indemnifies the Purchaser, its affiliated companies, and their Representatives, successors, and assigns and holds them harmless from and against any and all claims, suits, actions, liabilities, Loss, judgments or judgmentsor damages, whether ordinary, special or consequential arising directly or indirectly from or in connection with:
(a) the acts, negligence, omissions or wilful misconduct of the Supplier;
(b) the Goods or Services suppliedGoodsor Servicessupplied;
(c) a breach of any of the Supplier’s warranties or any other term of the Agreement;
(d) the Supplier’s negligent, unauthorised or wrongful acts or omissions with regards to regardsto the use or installations of hazardous materials;
(e) a claim that any Goods or Services supplied to the Purchaser infringe upon or misappropriate the Intellectual Property Rights of another person; or
(f) a claim of any lien, security interest (including a Security Interest) or other encumbrance made by a third party.
Appears in 2 contracts
Sources: Purchase Order Terms and Conditions, Purchase Order Terms and Conditions
Indemnity and Release. Notwithstanding clause 9, the Supplier indemnifies the PurchaserPenske, its affiliated companies, and their Representatives, successors, and assigns and holds them harmless from and against any and all claims, suits, actions, liabilities, Loss, judgments or damages, whether ordinary, special or consequential arising directly or indirectly from or in connection with:
(a) the acts, negligence, omissions or wilful misconduct of the Supplier;
(b) the Goods or Services supplied;
(c) a breach of any of the Supplier’s warranties or any other term of the Agreement;
(d) the Supplier’s negligent, unauthorised or wrongful acts or omissions with regards to the use or installations of hazardous materials;
(e) a claim that any Goods or Services supplied to the Purchaser Penske infringe upon or misappropriate the Intellectual Property Rights of another person; or
(f) a claim of any lien, security interest or other encumbrance made by a third party.
Appears in 1 contract
Sources: Purchase Order Agreement
Indemnity and Release. Notwithstanding clause 9, the Supplier indemnifies the PurchaserPenske, its affiliated companies, and their Representatives, successors, and assigns and holds them harmless from and against any and all claims, suits, actions, liabilities, Loss, judgments or damages, whether ordinary, special or consequential arising directly or indirectly from or in connection with:
(a) the acts, negligence, omissions or wilful willful misconduct of the Supplier;
(b) the Goods or Services supplied;
(c) a breach of any of the Supplier’s warranties or any other term of the Agreement;
(d) the Supplier’s negligent, unauthorised or wrongful acts or omissions with regards to the use or installations of hazardous materials;
(e) a claim that any Goods or Services supplied to the Purchaser Penske infringe upon or misappropriate the Intellectual Property Rights of another person; or
(f) a claim of any lien, security interest or other encumbrance made by a third party.
Appears in 1 contract
Sources: Purchase Order