Common use of IN ADDTION AND WITHOUT Clause in Contracts

IN ADDTION AND WITHOUT. LIMIATION TO ALL OTHER LIMITATIONS AND EXCLUSIONS OF LIABILITY AND INDEMNITIES IN THE AGREEMENT, IN SO FAR AS IS LAWFUL THE CUSTOMER ACKNOWLEDGES AND AGREES THAT GVI WILL INCUR NO LIABILITY FOR ANY CLAIM, WHETHER BASED ON CONTRACT, DELICT, WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY OF RECOVERY (INCLUDING NEGLIGENCE BUT EXCEPTING ONLY INTENTIONAL MALFEASANCE) RELATING IN ANY MANNER TO CUSTOMER’S HOSTED WEBSITE. CUSTOMER HEREBY INDEMNIFIES AND HOLDS GVI HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, COSTS (INCLUDING ACTUAL COSTS OF ANY DEFENCE) FROM ANY SOURCE OR FOR ANY REASON RELATING DIRECTLY OR INDIRECTLY TO CUSTOMER’S HOSTED WEBSITE.

IN ADDTION AND WITHOUT. LIMIATION TO ALL OTHER LIMITATIONS AND EXCLUSIONS OF LIABILITY AND INDEMNITIES IN THE AGREEMENT, IN SO FAR AS IS LAWFUL THE CUSTOMER ACKNOWLEDGES AND AGREES THAT GVI SMOCUP WILL INCUR NO LIABILITY FOR ANY CLAIM, WHETHER BASED ON CONTRACT, DELICT, WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY OF RECOVERY (INCLUDING NEGLIGENCE BUT EXCEPTING ONLY INTENTIONAL MALFEASANCE) RELATING IN ANY MANNER TO CUSTOMER’S HOSTED WEBSITE. CUSTOMER HEREBY INDEMNIFIES AND HOLDS GVI SMOCUP HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, COSTS (INCLUDING ACTUAL COSTS OF ANY DEFENCE) FROM ANY SOURCE OR FOR ANY REASON RELATING DIRECTLY OR INDIRECTLY TO CUSTOMER’S HOSTED WEBSITE.