Common use of Claims, Demands and Other Actions Clause in Contracts

Claims, Demands and Other Actions. With respect to the claims, demands and other actions referred to in Paragraph 15.1, above, to the extent that any such claim, demand or other action relates to: (1) any Product sold by Distributor pursuant to any agreement containing warranties or other commitments which exceed those warranties or commitments which the Company extends hereunder, the Company's obligation to indemnify Distributor shall be equal to the liabilities, losses, damages, costs and expenses for which Distributor would have been liable if the agreement pursuant to which Distributor sold the Product involved had not contained such additional warranties or other commitments; (2) the failure by Distributor to deliver a Product by a delivery date committed by the Company, the Company's obligation to indemnify Distributor, if any, shall not exceed the liabilities, losses, damages, costs and expenses for which Distributor would have been liable if the agreement pursuant to which Distributor sold the Product involved had contained provisions substantially identical to those of Section 17.13. "Force Majeure", hereof. (b)

Claims, Demands and Other Actions. With respect to the claims, demands and other actions referred to in Paragraph 15.1, above, to the extent that any such claim, demand or other action relates to: (1) any Product sold by Distributor pursuant to any agreement containing warranties or other commitments which exceed those warranties or commitments which the Company extends hereunder, the Company's obligation to indemnify Distributor shall be equal to the liabilities, losses, damages, costs and expenses for which Distributor would have been liable if the agreement pursuant to which Distributor sold the Product involved had not contained such additional warranties or other commitments; (2) the failure by Distributor to deliver a Product by a delivery date committed by the Company, the Company's obligation to indemnify Distributor, if any, shall not exceed the liabilities, losses, damages, costs and expenses for which Distributor would have been liable if the agreement pursuant to which Distributor sold the Product involved had contained provisions substantially identical to those EXCLUSIVE DISTRIBUTION AGREEMENT -------------------------------- REVISED DRAFT - November 4, 2002 Page 20 of Section 17.13. "Force Majeure", hereof. (b)31

Claims, Demands and Other Actions. With respect to the claims, demands and other actions referred to in Paragraph 15.1, above, to the extent that any such claim, demand or other action relates to: (1) any Product sold by Distributor pursuant to any agreement containing warranties or other commitments which exceed those warranties or commitments which the Company extends hereunder, the Company's obligation to indemnify Distributor shall be equal to the liabilities, losses, damages, costs and expenses for which Distributor would have been liable if the agreement pursuant to which Distributor sold the Product involved had not contained such additional warranties or other commitments; (2) the failure by Distributor to deliver a Product by a delivery date committed by the Company, the Company's obligation to indemnify Distributor, if any, shall not exceed the liabilities, losses, damages, costs and expenses for which Distributor would have been liable if the agreement pursuant to which Distributor sold the Product involved MASTER EXCLUSIVE FORM --------------------- REVISED DRAFT - August 30, 2002 Page 19 of 31 had contained provisions substantially identical to those of Section 17.13. "Force Majeure", hereof. (b).

Claims, Demands and Other Actions. With respect to the claims, demands and other actions referred to in Paragraph 15.1, above, to the extent that any such claim, demand or other action relates to: (1) any Product sold by Distributor pursuant to any agreement containing warranties or other commitments which exceed those warranties or commitments which the Company extends hereunder, the Company's obligation to indemnify Distributor shall be equal to the liabilities, losses, damages, costs and expenses for which Distributor would have been liable if the agreement pursuant to which Distributor sold the Product involved had not contained such additional warranties or other commitments; (2) the failure by Distributor to deliver a Product by a delivery date committed by the Company, the Company's obligation to indemnify Distributor, if any, shall not exceed the liabilities, losses, damages, costs and expenses for which Distributor would have been liable if the agreement pursuant to which Distributor sold the Product involved EXCLUSIVE DISTRIBUTION AGREEMENT -------------------------------- March 8, 2003 Page 19 of 30 had contained provisions substantially identical to those of Section 17.13. "Force Majeure", hereof. (b).

Claims, Demands and Other Actions. With respect to the claims, demands and other actions referred to in Paragraph 15.110.1, above, to the extent that any such claim, demand or other action relates to: (1) any Product sold by Distributor Purchaser pursuant to any agreement containing warranties or other commitments which exceed those warranties or commitments which the Company extends hereunder, the Company's obligation to indemnify Distributor Purchaser shall be equal to the liabilities, losses, damages, costs and expenses for which Distributor Purchaser would have been liable if the agreement pursuant to which Distributor Purchaser sold the Product involved had not contained such additional warranties or other commitments; (2) the failure by Distributor Purchaser to deliver a Product by a delivery date committed by the Company, the Company's obligation to indemnify DistributorPurchaser, if any, shall not exceed the liabilities, losses, damages, costs and expenses for which Distributor Purchaser would have been liable if the agreement pursuant to which Distributor Purchaser sold the Product involved had contained provisions substantially identical to those of Section 17.13. 11.12 "Force Majeure", hereof. (b)

Claims, Demands and Other Actions. With respect to the claims, demands and other actions referred to in Paragraph 15.1, above, to the extent that any such claim, demand or other action relates to: (1) any Product sold by Distributor pursuant to any agreement containing warranties or other commitments which exceed those warranties or commitments which the Company extends hereunder, the Company's obligation to indemnify Distributor shall be equal to the liabilities, losses, damages, costs and expenses for which Distributor would have been liable if the agreement pursuant to which Distributor sold the Product involved had not contained such additional warranties or other commitments; (2) the failure by Distributor to deliver a Product by a delivery date committed by the Company, the Company's obligation to indemnify Distributor, if any, shall not exceed the liabilities, losses, damages, costs and expenses for which Distributor would have been liable if the agreement pursuant to which Distributor sold the Product involved had contained provisions substantially identical to those of Section 17.13. "Force Majeure", hereof. (b).