Indemnification and Default. 7.1Composer hereby indemnifies Developer, and shall keep Developer indemnified, from and against all claims, demands, actions, proceedings, costs, damages, losses and expenses (including, but not limited to, any and all legal costs and expenses and VAT) whether suffered or incurred directly or indirectly by Developer or any compensation paid or agreed to be paid by Developer to any third party or arising out of any breach, non-performance or non-observance of any of the covenants, warranties, representations, undertakings and agreements of Composer contained or implied in this Agreement.
Indemnification and Default. In addition to all other amounts due hereunder, Xxxxx shall reimburse SJE in full for all collection costs or charges, including reasonable attorney fees, which SJE may incur in the collection of any past due amounts from Buyer, including applicable interest on overdue accounts. If Buyer is in default under this or any other agreement with SJE, SJE may defer performance hereunder until such default is resolved. SJE shall have no obligation to provide factory startup assistance or factory training (when requested) until all invoices (including retentions) for equipment have been paid in full. Furthermore, SJE shall have no liability to Buyer to the extent Buyer damages, or any damages are suffered by, or claims are made against Buyer as a result of Buyer’s negligence, willful misconduct, misrepresentation of any Goods, or failure to utilize the Goods properly.
Indemnification and Default
