Common use of Indemnification for Unauthorized Warranties Clause in Contracts

Indemnification for Unauthorized Warranties. The Company shall not be responsible for any warranty that the Distributor or any of its sub-distributors makes concerning the Products other than those warranties made by the Company as set forth in Section 6.1 hereof. The Distributor shall hold the Company harmless from and indemnify it against any and all claims, losses, liabilities, damages, and costs and expenses (including, but not limited to, costs of investigation, court costs, arbitrators’ fees and attorneys’ fees) that the Company may incur arising out of or relating to (i) any such additional warranty made by the Distributor or any of its agents, employees or sub-distributors, (ii) the act or omission of the Distributor or any of its agents, employees or sub-distributors in connection with the transporting, receiving, handling, storing, advertising, promoting, selling and distributing any of the Products, and (iii) any breach by the Distributor of any of its obligations under this Agreement or any purchase order issued by the Distributor and accepted by the Company hereunder or under applicable law.

Appears in 2 contracts

Samples: Distributor Agreement (Obagi Medical Products, Inc.), Distributor Agreement (Obagi Medical Products, Inc.)

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Indemnification for Unauthorized Warranties. The Company shall not be responsible for any warranty that the Distributor or any of its sub-distributors makes concerning the Products other than those warranties made by the Company as set forth in Section 6.1 hereof. The Distributor shall hold the Company harmless from and indemnify it against any and all claims, losses, liabilities, damages, and costs and expenses (including, but not limited to, costs of investigation, court costs, arbitrators' fees and attorneys' fees) that the Company may incur arising out of or relating to (i) any such additional warranty made by the Distributor or any of its agents, employees or sub-distributors, (ii) the act or omission of the Distributor or any of its agents, employees or sub-distributors in connection with the transporting, receiving, handling, storing, advertising, promoting, selling and distributing any of the Products, and (iii) any breach by the Distributor of any of its obligations under this Agreement or any purchase order issued by the Distributor and accepted by the Company hereunder or under applicable law.

Appears in 2 contracts

Samples: Distributor Agreement (Ansys Diagnostics Inc), Distributor Agreement (Ansys Diagnostics Inc)

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