Common use of Furnished Items Clause in Contracts

Furnished Items. 12.1 If it is necessary for a Party to furnish the other Party with machinery or equipment (“Furnished Items”) for the sole purpose of accomplishing delivery of the Products hereunder, such Furnished Items are provided on an “AS IS” basis without warranty of any kind and the furnishing party shall retain exclusive ownership of the Furnished Items at all times. The Furnishing Party shall be responsible for maintenance and repair of the furnished Item(s) unless repair is made necessary due to the negligence of the Furnished Party. The Furnished Party shall have the risk of loss of, or damage to the Furnished Items while in its care, custody and control and unless otherwise agreed by the Parties, shall return the Furnished Items to the furnishing party as soon as practicable when their use is no longer required hereunder. 12.2 The furnished party shall indemnify and hold harmless furnishing party, including its parent or any affiliated entity, subcontractors and any of their respective officers, agents and employees, against all expense, loss, attorney’s fees, costs, damage or liability arising from any claim or action for its use of or loss or damage to the Furnished Items while in the furnished party’s care, custody and control. At the request of the furnishing party, the Furnished Party shall defend, at its own expense, all such claims or actions, provided that furnishing party shall be entitled, at its election, to participate in such defense. 12.3 Customer shall indemnify and hold harmless Seller, including its parent or any affiliated entity, subcontractors and any of their respective officers, agents and employees, against all expense, loss, attorney’s fees, costs, damage or liability arising from any claim or action for product defect where the alleged defect relates to design, labeling or manufacture specifications supplied by Customer. At the request of Seller, Customer shall defend, at its own expense, all such claims or actions, provided that Seller shall be entitled, at its election, to participate in such defense.

Furnished Items. 12.1 13.1 If it is necessary for a Party to furnish the other Party with machinery or equipment (“Furnished Items”) for the sole purpose of accomplishing delivery of the Products hereunder, such Furnished Items are provided on an “AS IS” basis without warranty of any kind and the furnishing party shall retain exclusive ownership of the Furnished Items at all times. The Furnishing Party shall be responsible for maintenance and repair of the furnished Item(s) unless repair is made necessary due to the negligence of the Furnished Party. The Furnished Party shall have the risk of loss of, or damage to the Furnished Items while in its care, custody and control and unless otherwise agreed by the Parties, shall return the Furnished Items to the furnishing party as soon as practicable when their use is no longer required hereunder. 12.2 13.2 The furnished party shall indemnify and hold harmless furnishing party, including its parent or any affiliated entity, subcontractors and any of their respective officers, agents and employees, against all expense, loss, attorney’s fees, costs, damage or liability arising from any claim or action for its use of or loss or damage to the Furnished Items while in the furnished party’s care, custody and control. At the request of the furnishing party, the Furnished Party shall defend, at its own expense, all such claims or actions, provided that furnishing party shall be entitled, at its election, to participate in such defense. 12.3 13.3 Customer shall indemnify and hold harmless Seller, including its parent or any affiliated entity, subcontractors and any of their respective officers, agents and employees, against all expense, loss, attorney’s fees, costs, damage or liability arising from any claim or action for product defect where the alleged defect relates to design, labeling or manufacture specifications supplied by Customer. At the request of Seller, Customer shall defend, at its own expense, all such claims or actions, provided that Seller shall be entitled, at its election, to participate in such defense.