Exceptions and Limitations on Indemnification. Notwithstanding anything to the contrary in this Agreement, neither Party is obligated to indemnify or defend the other Party or any of its indemnified parties against any Losses to the extent arising out of or resulting from the other Party’s: (a) willful, reckless, or negligent acts or omissions; or (b) bad faith failure to materially comply with any of its material obligations set forth in this Agreement.
Appears in 5 contracts
Samples: Retail Marketplace Buyer Listing Agreement, Retail Marketplace Buyer Listing Agreement, Retail Marketplace Seller Listing Agreement
Exceptions and Limitations on Indemnification. Notwithstanding anything to the contrary in this Agreement, neither Party is obligated to indemnify or defend the other Party or any of its indemnified parties representatives against any Losses to the extent arising out of or resulting resulting, in whole or in part, from the other Party’s:
: (a) willful, reckless, or negligent willful acts or omissions; or
(b) bad faith failure to materially comply with any of its material obligations set forth in this Agreement, or (c) as a result of Publisher’s utilization of a Third-Party Network at the request of Advertiser.
Appears in 3 contracts
Samples: Advertising Agreement, Advertising Agreement, Advertising Agreement
Exceptions and Limitations on Indemnification. Notwithstanding anything to the contrary in this Agreement, neither an Indemnifying Party is not obligated to indemnify or defend the other (if applicable) an Indemnified Party or any of its indemnified parties against any Claim if such Claim or corresponding Losses to the extent arising arise out of or resulting from result from, in whole or in part, the other Indemnified Party’s's or its Personnel's:
(a) willful, reckless, or negligent acts or omissions; or
(b) bad faith failure to materially comply with any of its material obligations set forth in this Agreement.
Appears in 3 contracts
Samples: Limited Product Warranty, Limited Product Warranty, Limited Product Warranty
Exceptions and Limitations on Indemnification. Notwithstanding anything to the contrary in this Agreement, neither a Party is not obligated to indemnify or defend the other any Indemnified Party or any of its indemnified parties against any Losses to the extent arising out of claim or corresponding losses resulting directly from the other Indemnified Party’s or its personnel’s:
: (a) willful, reckless, gross negligence or negligent acts more culpable act or omissionsomission (including recklessness or willful misconduct); or
or (b) bad faith failure to materially comply with any of its material obligations set forth in this Agreement.
Appears in 1 contract
Samples: Supply Agreement (Ultralife Corp)
Exceptions and Limitations on Indemnification. Notwithstanding anything to the contrary in this Agreement, neither Party is obligated to indemnify or defend the other Party or any of its indemnified parties representatives against any Losses to the extent arising out of or resulting resulting, in whole or in part,] from the other Party’s:
: (a) willful, reckless, or negligent willful acts or omissions; or
or (b) bad faith failure to materially comply with any of its material obligations set forth in this Agreement.
Appears in 1 contract
Samples: Advertising Agreement
Exceptions and Limitations on Indemnification. Notwithstanding anything to the contrary in this Agreement, neither the Indemnifying Party is not obligated to indemnify or defend the other any Indemnified Party or any of its indemnified parties against any such Claim or corresponding Losses to the extent arising out of results directly from Indemnified Party’s or resulting from the other Partyits Personnel’s:
(a) willful, reckless, gross negligence or negligent acts more culpable act or omissionsomission (including recklessness or willful misconduct); or
(b) bad faith failure to materially comply with any of its material obligations set forth in this Agreement.
Appears in 1 contract
Samples: Cultivation and Sales Agreement (MJ Holdings, Inc.)