Common use of LIABILITY, INDEMNIFICATION AND FORCE MAJEURE Clause in Contracts

LIABILITY, INDEMNIFICATION AND FORCE MAJEURE. 14.1 If the Supplier attributably fails to comply with its obligations arising from the Agreement, the Supplier will be liable towards the Buyer for compensation of all direct and consequential damage sustained and to be sustained by the Buyer. 14.2 The Supplier indemnifies the Buyer against financial and other consequences of claims of third parties that are connected in any way to the compliance with its obligations arising from the Agreement. 14.3 The Supplier is required to arrange for adequate insurance against all liability arising from its legal relationships with the Buyer or pursuant to the law and it is subject to an obligation to investigate in this regard. Upon the Buyer’s first request, the Supplier will be allowed to inspect the insurance policies taken out for this purpose. 14.4 In case of force majeure, the Supplier will have the right to suspend compliance with its obligations arising from the Agreement. If and insofar as there is temporary force majeure and immediately after the circumstance that constitutes force majeure the Supplier has notified the Buyer thereof while stating the cause of the force majeure, the Supplier will have the right to suspend for a reasonable period, which is at most four weeks. If the Supplier is unable to comply with its obligation as yet after expiry of these four weeks, the Buyer will have the right to dissolve the Agreement with immediate effect, without being obliged to compensate damage and/or costs. In case of a permanent situation of force majeure, the Supplier will be obliged to inform the Buyer thereof immediately and the Buyer will have the right to dissolve the Agreement with immediate effect, without being obliged to compensate any damage and/or costs. 14.5 The Supplier cannot invoke strikes, employee lockouts, a lack of employees, illness, failure on the part of suppliers to comply with their obligations, a lack of raw materials, transport problems and/or production interruptions, as situations of force majeure.

LIABILITY, INDEMNIFICATION AND FORCE MAJEURE. 14.1 If the Supplier attributably fails to comply with its obligations arising from the Agreement, the Supplier will be liable towards the Buyer for compensation of all direct and consequential indirect damage sustained and to be sustained by the Buyer. 14.2 The Supplier indemnifies the Buyer against all financial and other consequences of claims of third parties that are connected in any way to the compliance with its obligations arising from the Agreement. 14.3 The Supplier is required to arrange for adequate insurance against all liability arising from its legal relationships with the Buyer or pursuant to the law and it is subject to an obligation to investigate in this regard. Upon the Buyer’s first request, the Supplier will be allowed to inspect allow inspection of the insurance policies taken out for this purpose. 14.4 In case of force majeure, the Supplier will have the right to suspend compliance with its obligations arising from the Agreement. If and insofar as there is temporary force majeure and the Supplier has notified the Buyer thereof immediately after the circumstance that constitutes force majeure the Supplier has notified the Buyer thereof occurred, while stating the cause of the force majeure, the Supplier will have the right to suspend for a reasonable period, which is at most four weeks. If the Supplier is unable to comply with its obligation as yet after expiry of these four weeks, the Buyer will have the right to can dissolve the Agreement with immediate effecteffect and without court intervention, and without being obliged to compensate damage and/or costs. In case of a permanent situation of force majeure, the Supplier will be obliged to inform the Buyer thereof immediately and the Buyer will have the right to dissolve the Agreement with immediate effecteffect and without court intervention, and without being obliged to compensate any damage and/or costs. 14.5 The Supplier cannot invoke strikes, employee lockouts, a lack of employees, illness, failure on the part of suppliers to comply with their obligations, a lack of raw materials, transport problems and/or production interruptions, as situations of force majeure.