DISCLAIMER AND INDEMNITY. 11.1 To the extent that CARALOE warrants conformity of the Manapol® Powder as set forth in paragraph 7 herein, MANNATECH shall assume all financial and other obligations for its products made with Manapol® powder, and CARALOE shall not incur any liability or responsibility to NAI, MANNATECH or to third parties arising out of or connected in any manner with Manufactured Products. IN NO EVENT SHALL CARALOE BE LIABLE FOR LOST PROFITS, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES OR CONTINGENT LIABILITIES ARISING OUT OF OR CONNECTED IN ANY MANNER WITH THIS AGREEMENT OR THE MANUFACTURED PRODUCTS. MANNATECH and NAI shall jointly and severally defend, indemnify and hold harmless CARALOE and its affiliates, and their respective officers, directors, employees and agents, from and against all claims, liabilities, demands, damages, expenses and losses (including reasonable attorneys’ fees and expenses) arising out of or connected with (i) any manufacture, use, sale or other disposition of Manufactured Products, or any other products of MANNATECH or NAI, by MANNATECH, NAI or any other party and (ii) any breach by MANNATECH and/or NAI of any of their respective obligations under this Supply Agreement.
Appears in 1 contract
Samples: Supply Agreement (Mannatech Inc)
DISCLAIMER AND INDEMNITY. 11.1 To the extent that CARALOE warrants conformity of the Manapol® Powder 14.1 Subject to CARRINGTON'S representations and warranties as set forth in paragraph 7 xxxxx xx Xxxagraph 8 herein, MANNATECH shall assume all financial and other obligations for its products made with Manapol® powderthe Manufactured Products, and CARALOE CARRINGTON shall not incur any liability or responsibility to NAI, MANNATECH or to third parties arising out of or connected in any manner with the Manufactured Products. WITHOUT LIMITING IN ANY MANNER THE PROVISIONS OF SECTION 13.2, IN NO EVENT SHALL CARALOE CARRINGTON BE LIABLE FOR LOST PROFITS, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES OR CONTINGENT LIABILITIES ARISING OUT OF OR CONNECTED IN ANY MANNER WITH THIS AGREEMENT OR THE MANUFACTURED PRODUCTS. MANNATECH and NAI shall jointly and severally defend, indemnify and hold harmless CARALOE CARRINGTON and its affiliates, and their respective officers, directors, employees and agents, from and against all claims, liabilities, demands, damages, expenses and losses (including reasonable attorneys’ ' fees and expenses) arising out of or connected with (i) any the manufacture, use, sale or other disposition of the Manufactured Products, Products or any other products of MANNATECH or NAI, by MANNATECH, NAI or any other party and products; (ii) the wrongful or negligent use by MANNATECH of the Mark; or (iii) any breach by MANNATECH and/or NAI of any of their respective its xxspective obligations under this Supply Agreement.
Appears in 1 contract
Samples: Trademark License and Supply Agreement (Carrington Laboratories Inc /Tx/)
DISCLAIMER AND INDEMNITY. 11.1 To the extent that CARALOE warrants conformity of the Manapol® Manapol[R] Powder as set forth in paragraph 7 herein, MANNATECH shall assume all financial and other obligations for its products made with Manapol® Manapol[R] powder, and CARALOE shall not incur any liability or responsibility to NAI, MANNATECH or to third parties arising out of or connected in any manner with Manufactured Products. IN NO EVENT SHALL CARALOE BE LIABLE FOR LOST PROFITS, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES OR CONTINGENT LIABILITIES ARISING OUT OF OR CONNECTED IN ANY MANNER WITH THIS AGREEMENT OR THE MANUFACTURED PRODUCTS. MANNATECH and NAI shall jointly and severally defend, indemnify and hold harmless CARALOE and its affiliates, and their respective officers, directors, employees and agents, from and against all claims, liabilities, demands, damages, expenses and losses (including reasonable attorneys’ ' fees and expenses) arising out of or connected with (i) any manufacture, use, sale or other disposition of Manufactured Products, or any other products of MANNATECH or NAI, by MANNATECH, NAI or any other party and (ii) any breach by MANNATECH and/or NAI of any of their respective obligations under this Supply Agreement.
Appears in 1 contract
Samples: Supply Agreement (Carrington Laboratories Inc /Tx/)
DISCLAIMER AND INDEMNITY. 11.1 13.1 To the extent that CARALOE warrants conformity of the Manapol® Powder as set forth in paragraph 7 9 herein, MANNATECH shall assume all financial and other obligations for its products made with Manapol® powder, and CARALOE shall not incur any liability or responsibility to NAIits Manufacturer, MANNATECH or to third parties arising out of or connected in any manner with Manufactured Products. IN NO EVENT SHALL CARALOE BE LIABLE FOR LOST PROFITS, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES OR CONTINGENT LIABILITIES ARISING OUT OF OR CONNECTED IN ANY MANNER WITH THIS AGREEMENT OR THE MANUFACTURED PRODUCTS. MANNATECH and NAI its Manufacturer shall jointly and severally defend, indemnify and hold harmless CARALOE and its affiliates, and their respective officers, directors, employees and agents, from and against all claims, liabilities, demands, damages, expenses and losses (including reasonable attorneys’ fees and expenses) arising out of or connected with (i) any manufacture, use, sale or other disposition of Manufactured Products, or any other products of MANNATECH or NAIits Manufacturer, by MANNATECH, NAI its Manufacturer or any other party and (ii) any breach by MANNATECH and/or NAI its Manufacturer of any of their respective obligations under this Supply Agreement.
Appears in 1 contract
Samples: Supply Agreement (Mannatech Inc)
DISCLAIMER AND INDEMNITY. 11.1 13.1 To the extent that CARALOE warrants conformity of the Manapol® Powder as set forth in paragraph 7 9 herein, MANNATECH shall assume all financial and other obligations for its products made with Manapol® powder, and CARALOE shall not incur any liability or responsibility to NAIits MANUFACTURER, MANNATECH or to third parties arising out of or connected in any manner with Manufactured Products. IN NO EVENT SHALL CARALOE BE LIABLE FOR LOST PROFITS, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES OR CONTINGENT LIABILITIES ARISING OUT OF OR CONNECTED IN ANY MANNER WITH THIS AGREEMENT OR THE MANUFACTURED PRODUCTS. MANNATECH and NAI its MANUFACTURER shall jointly and severally defend, indemnify and hold harmless CARALOE and its affiliates, and their respective officers, directors, employees and agents, from and against all claims, liabilities, demands, damages, expenses and losses (including reasonable attorneys’ fees and expenses) arising out of or connected with (i) any manufacture, use, sale or other disposition of Manufactured Products, or any other products of MANNATECH or NAIits MANUFACTURER, by MANNATECH, NAI its MANUFACTURER or any other party and (ii) any breach by MANNATECH and/or NAI its MANUFACTURER of any of their respective obligations under this Supply Agreement.
Appears in 1 contract
Samples: Supply Agreement (Mannatech Inc)