Common use of DISCLAIMER AND INDEMNITY Clause in Contracts

DISCLAIMER AND INDEMNITY. (a) Subject to Supplier’s representations and warranties as set forth in Section 8 herein, Mannatech shall assume all financial and other obligations for use, sale and distribution of Mannatech’s products containing the Manapol Powder, and Supplier shall not incur any liability or responsibility to Mannatech or to third parties arising out of or connected in any manner with the use, sale and distribution of Mannatech’s products containing Manapol Powder. WITHOUT LIMITING IN ANY MANNER THE PROVISION OF SECTION 15(b), IN NO EVENT SHALL MANNATECH BE LIABLE TO SUPPLIER FOR LOST PROFITS, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES OR CONTINGENT LIABILITIES ARISING OUT OF OR CONNECTED IN ANY MANNER WITH THIS AGREEMENT. Mannatech shall defend, indemnify and hold harmless Supplier and its affiliates, and their respective officers, directors, employees and agents, from and against all claims, suits, losses, causes of action, damages, liabilities, and expenses (including arbitration or court costs and attorney’s fees), arising out of or connected with (i) the use, sale or other disposition of the Mannatech products that contain the Manapol Powder as an ingredient; or (ii) any breach by Mannatech of any of its respective obligations under this Agreement.

Appears in 1 contract

Samples: Supply Agreement (Mannatech Inc)

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DISCLAIMER AND INDEMNITY. (a) Subject to Supplier’s representations and warranties 11.1 To the extent that CARALOE warrants conformity of the Manapol[R] Powder as set forth in Section 8 paragraph 7 herein, Mannatech MANNATECH shall assume all financial and other obligations for use, sale and distribution of Mannatech’s its products containing the Manapol Powdermade with Manapol[R] powder, and Supplier CARALOE shall not incur any liability or responsibility to Mannatech NAI, MANNATECH or to third parties arising out of or connected in any manner with the use, sale and distribution of Mannatech’s products containing Manapol PowderManufactured Products. WITHOUT LIMITING IN ANY MANNER THE PROVISION OF SECTION 15(b), IN NO EVENT SHALL MANNATECH CARALOE BE LIABLE TO SUPPLIER FOR LOST PROFITS, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES OR CONTINGENT LIABILITIES ARISING OUT OF OR CONNECTED IN ANY MANNER WITH THIS AGREEMENTAGREEMENT OR THE MANUFACTURED PRODUCTS. Mannatech MANNATECH and NAI shall jointly and severally defend, indemnify and hold harmless Supplier CARALOE and its affiliates, and their respective officers, directors, employees and agents, from and against all claims, suitsliabilities, losses, causes of actiondemands, damages, liabilities, expenses and expenses losses (including arbitration or court costs reasonable attorneys' fees and attorney’s fees), expenses) arising out of or connected with (i) the any manufacture, use, sale or other disposition of the Mannatech Manufactured Products, or any other products that contain the Manapol Powder as an ingredient; of MANNATECH or NAI, by MANNATECH, NAI or any other party and (ii) any breach by Mannatech MANNATECH and/or NAI of any of its their respective obligations under this Supply Agreement.

Appears in 1 contract

Samples: Supply Agreement (Carrington Laboratories Inc /Tx/)

DISCLAIMER AND INDEMNITY. (a) 14.1 Subject to Supplier’s XXXXXXXXXX’X representations and warranties as set forth in Section Paragraph 8 herein, Mannatech MANNATECH shall assume all financial and other obligations for use, sale and distribution of Mannatech’s products containing the Manapol PowderManufactured Products, and Supplier XXXXXXXXXX shall not incur any liability or responsibility to Mannatech MANNATECH or to third parties arising out of or connected in any manner with the use, sale and distribution of Mannatech’s products containing Manapol PowderManufactured Products. WITHOUT LIMITING IN ANY MANNER THE PROVISION PROVISIONS OF SECTION 15(b)13.2, IN NO EVENT SHALL MANNATECH XXXXXXXXXX BE LIABLE TO SUPPLIER FOR LOST PROFITS, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES OR CONTINGENT LIABILITIES ARISING OUT OF OR CONNECTED IN ANY MANNER WITH THIS AGREEMENTAGREEMENT OR THE MANUFACTURED PRODUCTS. Mannatech MANNATECH shall defend, indemnify and hold harmless Supplier XXXXXXXXXX and its affiliates, and their respective officers, directors, employees and agents, from and against all claims, suitsliabilities, losses, causes of actiondemands, damages, liabilities, expenses and expenses losses (including arbitration or court costs reasonable attorneys’ fees and attorney’s fees), expenses) arising out of or connected with (i) the manufacture, use, sale or other disposition of the Mannatech products that contain Manufactured Products or other MANNATECH products; (ii) the Manapol Powder as an ingredientwrongful or negligent use by MANNATECH of the Xxxx; or (iiiii) any breach by Mannatech MANNATECH of any of its respective obligations under this Supply Agreement.

Appears in 1 contract

Samples: License and Supply Agreement (Mannatech Inc)

DISCLAIMER AND INDEMNITY. (a) Subject to Supplier’s representations and warranties 13.1 To the extent that CARALOE warrants conformity of the Manapol® Powder as set forth in Section 8 paragraph 9 herein, Mannatech MANNATECH shall assume all financial and other obligations for use, sale and distribution of Mannatech’s its products containing the Manapol Powdermade with Manapol® powder, and Supplier CARALOE shall not incur any liability or responsibility to Mannatech its Manufacturer, MANNATECH or to third parties arising out of or connected in any manner with the use, sale and distribution of Mannatech’s products containing Manapol PowderManufactured Products. WITHOUT LIMITING IN ANY MANNER THE PROVISION OF SECTION 15(b), IN NO EVENT SHALL MANNATECH CARALOE BE LIABLE TO SUPPLIER FOR LOST PROFITS, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES OR CONTINGENT LIABILITIES ARISING OUT OF OR CONNECTED IN ANY MANNER WITH THIS AGREEMENTAGREEMENT OR THE MANUFACTURED PRODUCTS. Mannatech MANNATECH and its Manufacturer shall jointly and severally defend, indemnify and hold harmless Supplier CARALOE and its affiliates, and their respective officers, directors, employees and agents, from and against all claims, suitsliabilities, losses, causes of actiondemands, damages, liabilities, expenses and expenses losses (including arbitration or court costs reasonable attorneys’ fees and attorney’s fees), expenses) arising out of or connected with (i) the any manufacture, use, sale or other disposition of the Mannatech Manufactured Products, or any other products that contain the Manapol Powder as an ingredient; of MANNATECH or its Manufacturer, by MANNATECH, its Manufacturer or any other party and (ii) any breach by Mannatech MANNATECH and/or its Manufacturer of any of its their respective obligations under this Supply Agreement.

Appears in 1 contract

Samples: Supply Agreement (Mannatech Inc)

DISCLAIMER AND INDEMNITY. (a) 14.1 Subject to Supplier’s CARRINGTON'S representations and warranties as set forth in Section xxxxx xx Xxxagraph 8 herein, Mannatech MANNATECH shall assume all financial and other obligations for use, sale and distribution of Mannatech’s products containing the Manapol PowderManufactured Products, and Supplier CARRINGTON shall not incur any liability or responsibility to Mannatech MANNATECH or to third parties arising out of or connected in any manner with the use, sale and distribution of Mannatech’s products containing Manapol PowderManufactured Products. WITHOUT LIMITING IN ANY MANNER THE PROVISION PROVISIONS OF SECTION 15(b)13.2, IN NO EVENT SHALL MANNATECH CARRINGTON BE LIABLE TO SUPPLIER FOR LOST PROFITS, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES OR CONTINGENT LIABILITIES ARISING OUT OF OR CONNECTED IN ANY MANNER WITH THIS AGREEMENTAGREEMENT OR THE MANUFACTURED PRODUCTS. Mannatech MANNATECH shall defend, indemnify and hold harmless Supplier CARRINGTON and its affiliates, and their respective officers, directors, employees and agents, from and against all claims, suitsliabilities, losses, causes of actiondemands, damages, liabilities, expenses and expenses losses (including arbitration or court costs reasonable attorneys' fees and attorney’s fees), expenses) arising out of or connected with (i) the manufacture, use, sale or other disposition of the Mannatech products that contain Manufactured Products or other MANNATECH products; (ii) the Manapol Powder as an ingredientwrongful or negligent use by MANNATECH of the Mark; or (iiiii) any breach by Mannatech MANNATECH of any of its respective xxspective obligations under this Supply Agreement.

Appears in 1 contract

Samples: Trademark License and Supply Agreement (Carrington Laboratories Inc /Tx/)

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DISCLAIMER AND INDEMNITY. (a) Subject to Supplier’s representations and warranties 11.1 To the extent that CARALOE warrants conformity of the Manapol® Powder as set forth in Section 8 paragraph 7 herein, Mannatech MANNATECH shall assume all financial and other obligations for use, sale and distribution of Mannatech’s its products containing the Manapol Powdermade with Manapol® powder, and Supplier CARALOE shall not incur any liability or responsibility to Mannatech NAI, MANNATECH or to third parties arising out of or connected in any manner with the use, sale and distribution of Mannatech’s products containing Manapol PowderManufactured Products. WITHOUT LIMITING IN ANY MANNER THE PROVISION OF SECTION 15(b), IN NO EVENT SHALL MANNATECH CARALOE BE LIABLE TO SUPPLIER FOR LOST PROFITS, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES OR CONTINGENT LIABILITIES ARISING OUT OF OR CONNECTED IN ANY MANNER WITH THIS AGREEMENTAGREEMENT OR THE MANUFACTURED PRODUCTS. Mannatech MANNATECH and NAI shall jointly and severally defend, indemnify and hold harmless Supplier CARALOE and its affiliates, and their respective officers, directors, employees and agents, from and against all claims, suitsliabilities, losses, causes of actiondemands, damages, liabilities, expenses and expenses losses (including arbitration or court costs reasonable attorneys’ fees and attorney’s fees), expenses) arising out of or connected with (i) the any manufacture, use, sale or other disposition of the Mannatech Manufactured Products, or any other products that contain the Manapol Powder as an ingredient; of MANNATECH or NAI, by MANNATECH, NAI or any other party and (ii) any breach by Mannatech MANNATECH and/or NAI of any of its their respective obligations under this Supply Agreement.

Appears in 1 contract

Samples: Supply Agreement (Mannatech Inc)

DISCLAIMER AND INDEMNITY. (a) Subject to Supplier’s representations and warranties 13.1 To the extent that CARALOE warrants conformity of the Manapol® Powder as set forth in Section 8 paragraph 9 herein, Mannatech MANNATECH shall assume all financial and other obligations for use, sale and distribution of Mannatech’s its products containing the Manapol Powdermade with Manapol® powder, and Supplier CARALOE shall not incur any liability or responsibility to Mannatech its MANUFACTURER, MANNATECH or to third parties arising out of or connected in any manner with the use, sale and distribution of Mannatech’s products containing Manapol PowderManufactured Products. WITHOUT LIMITING IN ANY MANNER THE PROVISION OF SECTION 15(b), IN NO EVENT SHALL MANNATECH CARALOE BE LIABLE TO SUPPLIER FOR LOST PROFITS, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES OR CONTINGENT LIABILITIES ARISING OUT OF OR CONNECTED IN ANY MANNER WITH THIS AGREEMENTAGREEMENT OR THE MANUFACTURED PRODUCTS. Mannatech MANNATECH and its MANUFACTURER shall jointly and severally defend, indemnify and hold harmless Supplier CARALOE and its affiliates, and their respective officers, directors, employees and agents, from and against all claims, suitsliabilities, losses, causes of actiondemands, damages, liabilities, expenses and expenses losses (including arbitration or court costs reasonable attorneys’ fees and attorney’s fees), expenses) arising out of or connected with (i) the any manufacture, use, sale or other disposition of the Mannatech Manufactured Products, or any other products that contain the Manapol Powder as an ingredient; of MANNATECH or its MANUFACTURER, by MANNATECH, its MANUFACTURER or any other party and (ii) any breach by Mannatech MANNATECH and/or its MANUFACTURER of any of its their respective obligations under this Supply Agreement.

Appears in 1 contract

Samples: Supply Agreement (Mannatech Inc)

DISCLAIMER AND INDEMNITY. (a) Subject to Supplier’s representations and warranties as set forth in Section 8 herein, Mannatech shall assume all financial and other obligations for use, sale and distribution of Mannatech’s products containing the Manapol Powderor Hi Fi, and Supplier shall not incur any liability or responsibility to Mannatech or to third parties arising out of or connected in any manner with the use, sale and distribution of Mannatech’s products containing Manapol Powderor Hi Fi. WITHOUT LIMITING IN ANY MANNER THE PROVISION OF SECTION 15(b), IN NO EVENT SHALL MANNATECH BE LIABLE TO SUPPLIER FOR LOST PROFITS, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES OR CONTINGENT LIABILITIES ARISING OUT OF OR CONNECTED IN ANY MANNER WITH THIS AGREEMENT. Mannatech shall defend, indemnify and hold harmless Supplier and its affiliates, and their respective officers, directors, employees and agents, from and against all claims, suits, losses, causes of action, damages, liabilities, and expenses (including arbitration or court costs and attorney’s fees), arising out of or connected with (i) the use, sale or other disposition of the Mannatech products that contain the Manapol Powder or Hi Fi as an ingredient; or (ii) any breach by Mannatech of any of its respective obligations under this Agreement.

Appears in 1 contract

Samples: Supply Agreement (Mannatech Inc)

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