Common use of Indemnification of Third Party Claims Clause in Contracts

Indemnification of Third Party Claims. Seller hereby agrees to indemnify Buyer, its affiliates and their respective successors and assigns, and its and their respective directors, officers, agents and employees, from and against any and all claims, liabilities, damages, losses, causes of action and judgments brought by any person, corporation, governmental entity or other entity not a party to an Order and relating to Seller's performance or non- performance under any such Order, any breach of these Terms and Conditions by Seller, and any breach of any warranty set forth in these Terms and Conditions (collectively "Third Party Claims"). In addition, this indemnity includes Xxxxx’s reasonable legal fees and costs and expenses incident to the defence of any Third Party Claim. The foregoing indemnification shall apply, without limitation, to the extent any Third Party Claims arise from (a) any defect in the design, workmanship or material of any product or associated software delivered by Seller to Buyer under any Order and/or (b) any negligence (whether active or passive) or wilful misconduct of Seller, its contractors of any tier or its or their directors, officers, agents, or employees. This indemnity shall survive the termination or expiration of any Order.

Indemnification of Third Party Claims. Seller hereby agrees to indemnify and hold harmless Buyer, its affiliates and their respective successors and assigns, and its and their respective directors, officers, agents and employees, from and against any and all claims, liabilities, damages, losses, causes of action and judgments brought by any person, corporation, governmental entity or other entity not a party to an Order and relating to Seller's performance or non- non-performance under any such Order, any breach of these Terms and Conditions by Seller, and any breach of any warranty set forth in these Terms and Conditions Conditions. This indemnity applies whether such claims arise from injury or death to persons or loss or damage to property or otherwise (collectively "Third Party Claims"). In addition, this indemnity includes Xxxxx’s reasonable legal attorneys' fees and costs and expenses incident to the defence defense of any Third Party Claim. The foregoing indemnification shall apply, without limitation, to the extent any Third Party Claims arise from (a) any defect in the design, workmanship or material of any product or associated software delivered by Seller to Buyer under any Order and/or (b) any negligence (whether active or passive) or wilful willful misconduct of Seller, its contractors of any tier or its or their directors, officers, agents, or employees. This indemnity shall survive the termination or expiration of any Order.