Common use of Indemnification by Supplier Clause in Contracts

Indemnification by Supplier. Supplier indemnifies and agrees to hold Distributor harmless from and against any and all claims, demands or actions and costs, liabilities, or losses arising out of (a) any actual or alleged death or injury to any person or damage to any tangible property resulting or claimed to result wholly from (i) any actual or alleged defect in the Product, or (ii) any statement or misstatement contained in the documentation and marketing materials provided by Supplier; or (b) arising out of any breach of this Agreement by Supplier.

Appears in 5 contracts

Samples: Exclusive Licensing and Distribution Agreement, Exclusive Licensing and Distribution Agreement (ProLink Holdings Corp.), Exclusive Licensing and Distribution Agreement (ProLink Holdings Corp.)

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Indemnification by Supplier. (a) Supplier indemnifies and agrees to hold Distributor harmless from and against any and all claims, demands or actions and costs, liabilities, or losses arising out of (a) any actual or alleged death or injury to any person or damage to any tangible property resulting or claimed to result wholly from (i) any actual or alleged defect in the Product, or (ii) any statement or misstatement contained in the documentation and marketing materials provided by Supplier; or (b) arising out of any breach of this Agreement by Supplier.

Appears in 3 contracts

Samples: Exclusive Licensing and Distribution Agreement (ProLink Holdings Corp.), Exclusive Licensing and Distribution Agreement (ProLink Holdings Corp.), Exclusive Licensing and Distribution Agreement (ProLink Holdings Corp.)

Indemnification by Supplier. (a) Supplier indemnifies and agrees to hold Distributor harmless from and against any and all claims, demands or actions and costs, liabilities, or losses arising out of (a) any actual or alleged death or injury to any person or damage to any tangible property resulting or claimed to result wholly from (i) any actual or alleged defect in the Product, or (ii) any statement or misstatement contained in the documentation and marketing materials provided by Supplier; or (b) arising out of any breach of this Agreement by Supplier.

Appears in 2 contracts

Samples: Exclusive Licensing and Distribution Agreement (ProLink Holdings Corp.), Exclusive Licensing and Distribution Agreement (ProLink Holdings Corp.)

Indemnification by Supplier. Supplier indemnifies shall indemnify, defend and agrees to hold Distributor harmless from and against any and all claims, demands expenses (including court costs and reasonable attorney's fees), loss or actions and costs, liabilities, or losses damages arising out of (a) any actual or alleged death in connection with Supplier's willful misconduct, negligence, breach of warranties, damage or injury to any person property or damage to any tangible property resulting or claimed to result wholly persons from (i) any actual or alleged defect in the ProductProducts, or (ii) any statement or misstatement contained in the documentation and marketing materials provided by Supplier; or (b) arising out of any breach of this Agreement by Supplierother representations herein.

Appears in 1 contract

Samples: Marketing and Distribution Agreement (Applied BioSciences Corp.)

Indemnification by Supplier. Supplier indemnifies shall indemnify, defend and agrees to hold Distributor harmless from and against any and all claims, demands expenses (including court costs and reasonable attorneys’ fees), loss or actions and costs, liabilities, or losses damages arising out of (a) any actual or alleged death or injury to any person or damage to any tangible property resulting or claimed to result wholly from (i) any actual or alleged defect in the Productconnection with Supplier’s willful misconduct, or (ii) any statement or misstatement contained in the documentation and marketing materials provided by Supplier; or (b) arising out of any negligence, breach of this Agreement by Supplierwarranties or other representations herein.

Appears in 1 contract

Samples: Non Exclusive License and Distribution Agreement (CannaVEST Corp.)

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Indemnification by Supplier. Supplier indemnifies shall indemnify and agrees to hold Distributor and its respective owners, shareholders, subsidiaries, affiliates, customers and persons serving as officers, directors, partners or employees thereof harmless from and against any and all claims, demands or actions and costsdamages, liabilities, costs and expenses (including, without limitation, reasonable attorney fees) which may be sustained or losses suffered by any of them arising out of (a) any actual or alleged death or injury to any person or damage to any tangible property resulting or claimed to result wholly from (i) any actual or alleged defect in the Product, or (ii) any statement or misstatement contained in the documentation and marketing materials provided breach by Supplier; or (b) arising out Supplier of any breach of the representations, warranties, agreements or covenants of Supplier under this Agreement by SupplierAgreement.

Appears in 1 contract

Samples: 9 Distribution Agreement (DCC Compact Classics Inc)

Indemnification by Supplier. Supplier indemnifies shall defend, indemnify and agrees to hold Distributor harmless from and against any and all claims, demands or actions and costs, liabilities, or losses arising out damages and liabilities (including reasonable attorney fees as and when incurred) incurred by Distributor as the result of (a) any actual or alleged death or injury to any person or damage to any tangible property resulting or claimed to result wholly from (i) any actual or alleged defect in the Product, or (ii) any statement or misstatement contained in the documentation and marketing materials provided by Supplier; or (b) arising out of any a breach of this Agreement by Supplier, any negligence of Supplier, any claims of product liability or any claims that a Product violates the copyright, trademark or trade secret rights of a third party.

Appears in 1 contract

Samples: Distributorship Agreement (Medtainer, Inc.)

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