Common use of Claims Arising from Use of Proprietary Designs and Shared Tooling Clause in Contracts

Claims Arising from Use of Proprietary Designs and Shared Tooling. MPC acknowledges and understands that Gateway assumes no liability, risk or costs arising from or associated with MPC’s use of the Proprietary Designs or Shared Tooling, including, but not limited to, the risk that the Proprietary Designs or Shared Tooling or the Products assembled or manufactured therefrom, infringe the patents of a third party, are defective or are lacking in quality or performance. Gateway shall not be liable to MPC for any claim for damages arising from or associated with MPC’s use of the Proprietary Designs or Shared Tooling, including, but not limited to, claims for indemnification or claims for general, special, incidental or consequential damages.