Common use of Relief Events Clause in Contracts

Relief Events. ‌ 20.1 The Seller is discharged from performing the Agreement where, to the extent, and for so long as the following circumstances affect performance: 20.1.1 the Buyer is in breach of this Agreement; or 20.1.2 where the responsibilities of the Buyer or any third party engaged by or on behalf of the Buyer which need to be performed in order for the Seller to perform its obligations are not met other than due to a breach by the Seller of this Agreement. 20.2 Except to the extent the Seller may be liable to the Buyer under this Agreement, the Buyer shall indemnify the Seller against any Losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses): 20.2.1 arising in connection with the Seller’s use of any information, instructions, specifications, materials or products supplied by the Buyer to the Seller in respect of the Product; 20.2.2 arising in connection with the Buyer’s use of the Products in excess of its specifications; 20.2.3 arising in connection with the use, processing, modification, storage or handling of the Product by the Buyer, its employees, agents or customers; 20.2.4 arising in connection with the Buyer’s breach of this Agreement; 20.2.5 arising in connection with any violation of law or regulation by, intentional or negligent act of, or unauthorised representation by the Buyer, its employees or agents in their use, sale, distribution or handling of the Product; and 20.2.6 incurred by the Seller towards a third party arising out of or in connection with the Product supplied by the Seller or its use and whether arising by reason of the negligence of the Seller or otherwise, including any claims from customers of the Buyer. 20.3 At the Seller’s request, the Buyer shall defend the Seller, at the Buyer’s expense, against any such claim made against the Seller.

Relief Events. ‌ 20.1 The Seller is discharged from performing the Agreement where, to the extent, and for so long as the following circumstances affect performance: 20.1.1 the Buyer is in breach of this Agreement; or 20.1.2 where the responsibilities of the Buyer or any third party engaged by or on behalf of the Buyer which need to be performed in order for the Seller to perform its obligations are not met other than due to a breach by the Seller of this Agreement. 20.2 Except to the extent the Seller may be liable to the Buyer under this Agreement, the Buyer shall indemnify the Seller against any Losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses): 20.2.1 arising in connection with the Seller’s use of any information, instructions, specifications, materials or products supplied by the Buyer to the Seller in respect of the Product; 20.2.2 arising in connection with the Buyer’s use of the Products in excess of its specifications; 20.2.3 arising in connection with the use, processing, modification, storage or handling of the Product by the Buyer, its employees, agents or customers; 20.2.4 arising in connection with the Buyer’s breach of this Agreement; 20.2.5 arising in connection with any violation of law or regulation by, intentional or negligent act of, or unauthorised representation by the Buyer, its employees or agents in their use, sale, distribution or handling of the Product; and 20.2.6 incurred by the Seller towards a third party arising out of or in connection with the Product supplied by the Seller or its use and whether arising by reason of the negligence of the Seller or otherwise, including any claims from customers of the Buyer. 20.3 At the Seller’s request, the Buyer shall defend the Seller, at the Buyer’s expense, against any such claim made against the Seller.