Common use of Subsequent Purchasers Clause in Contracts

Subsequent Purchasers. The Purchaser covenants and agrees that, in the event it seeks to transfer or assign the Equipment and Services to any other third party, it shall, as a condition to such transfer or assignment, cause such third party to acknowledge and accept the restrictions and limitations afforded under this Contract for the benefit of the Seller and its Subcontractors and Suppliers, including the provisions of this Article. If the Purchaser fails to obtain acknowledgement from the subsequent purchasers, the Purchaser shall indemnify, defend and hold the Seller harmless from and against any and all claims in excess of these restrictions and limitations made by any subsequent purchasers of the Equipment or Services against the Seller for loss or damage arising out of the performance or non-performance of the Equipment or Services provided under this Contract.