Common use of Indemnification Damages Clause in Contracts

Indemnification Damages. Seller will indemnify and hold harmless HSY and its agents, employees, officers, directors, subsidiaries, affiliates, successors and assigns from and against all liens, claims (including third party claims), encumbrances, demands, losses, attorneys’ fees (“Claims”), arising out of or resulting from Seller’s performance of its obligations under this Order, use of HSY owned property or equipment, breach of the Warranties, any work done on HSY’s premises in connection with this Order or Seller’s negligence, fault or misconduct. This obligation will not extend to Claims to the extent caused by HSY’s gross negligence or willful misconduct. Seller will be responsible for all damages, costs and expenses to HSY that result from Seller’s breach of any term, condition or Warranty in this Order including Seller’s failure to produce Goods according to this Order and HSY’s Specifications. Such damages will include, without limitation, any expenses or increased costs of alternative products, business interruption losses (i.e., lost profits based upon inability to fulfill customer demand) and all other direct and consequential damages. Seller will also be responsible for HSY’s costs of any Goods which

Indemnification Damages. Seller will indemnify and hold harmless HSY and its agents, employees, officers, directors, subsidiaries, affiliates, successors and assigns from and against all liens, claims (including third party claims), encumbrances, demands, losses, attorneys’ fees (“Claims”), arising out of or resulting from Seller’s performance of its obligations under this Order, use of HSY owned property or equipment, breach of the Warranties, any work done on HSY’s premises in connection with this Order or Seller’s negligence, fault or misconduct. This obligation will not extend to Claims to the extent caused by HSY’s gross negligence or willful misconduct. Seller will be responsible for all damages, costs and expenses to HSY that result from Seller’s breach of any term, condition or Warranty in this Order including Seller’s failure to produce Goods according to this Order and HSY’s Specifications. Such damages will include, without limitation, any expenses or increased costs of alternative products, business interruption losses (i.e., lost profits based upon inability to fulfill customer demand) and all other direct and consequential damages. Seller will also be responsible for HSY’s costs of any Goods whichwhich cannot be utilized and other expenses directly resulting from capacity conflicts or limitations not identified to HSY in time to prevent such losses.

Indemnification Damages. Seller will indemnify and hold harmless HSY and its agents, employees, officers, directors, subsidiaries, affiliates, successors and assigns from and against all liens, claims (including third party claims), encumbrances, demands, losses, attorneys’ ' fees (“'Claims”'), arising out of or resulting from Seller’s 's performance of its obligations under this Orderthe work, use of HSY owned property or equipment, breach of the Warranties, any work done on HSY’s 's premises in connection with this Order or Seller’s negligence, fault 's negligence or misconduct. This obligation will not extend to Claims to the extent caused by HSY’s 's gross negligence or willful misconduct. Seller will be responsible for all damages, costs and damages expenses to HSY that result from Seller’s 's breach of any term, condition term or Warranty warranty in this document or any Order including Seller’s 's failure to produce Goods Products according to this Order HSY's Orders and HSY’s Specifications. Such damages will include, without limitation, any expenses or increased costs of alternative products, business interruption losses (i.e., lost profits based upon inability to fulfill customer demand) ), and all other direct and consequential damages. Seller will also be responsible for HSY’s 's costs of any Goods whichProducts which cannot be utilized and other expenses directly resulting from capacity conflicts or limitations not identified to HSY in time to prevent such losses.

Indemnification Damages. Seller will indemnify and hold harmless HSY and its agents, employees, officers, directors, subsidiaries, affiliates, successors and assigns from and against all liens, claims (including third party claims), encumbrances, demands, losses, attorneys’ ' fees (“"Claims”"), arising out of or resulting from Seller’s 's performance of its obligations under this Orderthe work, use of HSY owned property or equipment, breach of the Warranties, any work done on HSY’s 's premises in connection with this Order or Seller’s negligence, fault 's negligence or misconduct. This obligation will not extend to Claims to the extent caused by HSY’s 's gross negligence or willful misconduct. Seller will be responsible for all damages, costs and damages expenses to HSY that result from Seller’s 's breach of any term, condition term or Warranty warranty in this document or any Order including Seller’s 's failure to produce Goods Products according to this Order HSY's Orders and HSY’s Specifications. Such damages will include, without limitation, any expenses or increased costs of alternative products, business interruption losses (i.e., lost profits based upon inability to fulfill customer demand) ), and all other direct and consequential damages. Seller will also be responsible for HSY’s 's costs of any Goods whichProducts which cannot be utilized and other expenses directly resulting from capacity conflicts or limitations not identified to HSY in time to prevent such losses.