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, penalties and/or fines (“Claims”), arising out of or resulting from Seller’s performance of the work, use of HSY owned property or equipment, breach of the Warranties, work done on HSY’s premises or Seller’s negligence 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 and expenses (without prejudice to HSY's rights of repudiation in relation to the same) to HSY that result from Seller’s breach of any term or warranty in this document or any Order including Seller’s failure to produce Goods according to HSY’s Orders and 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) which is hereby agreed between the parties to be a foreseeable loss and resulting directly out of the breach by Seller, and all other direct and consequential damages. Seller will also be responsible for HSY’s costs of any Goods 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, penalties and/or fines fees (“Claims”), arising out of or resulting from Seller’s performance of the workits 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 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 damages, costs and expenses (without prejudice to HSY's rights of repudiation in relation to the same) to HSY that result from Seller’s breach of any term term, condition or warranty Warranty in this document or any Order including Seller’s failure to produce Goods according to this Order and HSY’s Orders and 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) which is hereby agreed between the parties to be a foreseeable loss and resulting directly out of the breach by Seller, and all other direct and consequential damages. Seller will also be responsible for HSY’s costs of any Goods 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, penalties and/or fines (“'Claims”'), arising out of or resulting from Seller’s 's performance of the work, use of HSY owned property or equipment, breach of the Warranties, work done on HSY’s 's premises or Seller’s '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 and expenses (without prejudice to HSY's rights of repudiation in relation to the same) to HSY that result from Seller’s 's breach of any term or warranty in this document or any Order including Seller’s 's failure to produce Goods according to HSY’s 's Orders and 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) which is hereby agreed between the parties to be a foreseeable loss and resulting directly out of the breach by Seller, and all other direct and consequential damages. Seller will also be responsible for HSY’s 's costs of any Goods which cannot be utilized and other expenses directly resulting from capacity conflicts or limitations not identified to HSY in time to prevent such losses.