CLAIMS AGAINST US a. In no event will we be liable for any indirect or consequential loss, damage or expense including any loss of profit or revenue, economic loss, loss of contract.
b. To the maximum extent permitted by law, our maximum liability under or in connection with any PO whether arising in contract, tort (including negligence) or otherwise is the total amount which would be payable under the PO if all Products had been provided in accordance with the PO and these Terms.
c. Any claim against us, whether arising in contract, tort (including negligence) or otherwise must be in writing and delivered within 6 months of the event to which it relates and our liability in relation to any claim will not exceed the value of the PO to which the claim is connected.
CLAIMS AGAINST US. Where these are made by anyone other than the Customer or Agent in respect of the goods or the service provided by us, you will be liable to pay and indemnify SJS against any charges, expenses, damages or penalties claimed against SJS unless you can prove that SJS were negligent.
CLAIMS AGAINST US. You, at Your own expense, will defend, indemnify and hold Us and Our Subsidiaries and Vendors and Suppliers and Our directors, officers, employees, shareholders and representatives harmless against any losses, damages, liabilities, penalties, costs and expenses, including without limitation reasonable attorneys’ fees, and pay any settlement amounts or awarded damages arising out of any third party claim, suit or proceeding, to the extent that such claim, suit or action is based upon an allegation that: (i) Your performance of any of Your obligations contemplated under this Agreement infringes any rights of any third party (including, without limitation, any trade secret, trademark, copyright, or patent or other intellectual property right of any third party, privacy rights or publicity rights); or (ii) You have breached any of Your obligations, representations or warranties hereunder. The foregoing obligations are conditioned on Us promptly notifying You in writing of such claim.
