Liability Between the Parties. (a) The obligation of each Party to carry out its tasks within the Work Package(s) of the ICON project does not entail an obligation on that Party to deliver results, but is merely a commitment to use all reasonable efforts to perform to the best of its ability the ICON project as set out in Article 4 of the Agreement. (b) None of the Parties shall be liable for any fault and/or negligence of another Party (Parties) resulting from the performance of the Agreement. Each Party shall be solely liable for any defects in its products and/or services resulting from the use of the Foreground. In the event a claim for such defects is instituted against the Party that is the owner of the Foreground, the Party using the Foreground in its products and/or services shall indemnify the other Party. (c) In respect to information or materials supplied by a Party to another Party under the Agreement, the supplying Party shall be under no obligation or liability other than as expressly stated in the Agreement. Except as otherwise expressly agreed, no warranty condition or representation of any kind is made by, given by or to be implied against the supplying Party as to the sufficiency, accuracy or fitness for purpose of such information or materials, or, the absence of any infringement of any Intellectual Property Rights of third parties by the use of such information and materials, and the recipient Party shall in any case bear the entire risk of any consequences that may arise from the use of such information and materials. Notwithstanding the abovementioned, each Party hereby agrees to promptly inform the other Parties of any (threatened) claim of infringement of Intellectual Property Rights of a third party that comes to the attention of such Party.
Appears in 2 contracts