Common use of Indemnity by Supplier Clause in Contracts

Indemnity by Supplier. Supplier shall defend, indemnify and hold harmless Netafim (and its officers, directors, agents and representatives and affiliates) from and against any and all claims, suits, losses, penalties, damages (whether actual, punitive, consequential or otherwise) and associated costs and expenses (including attorney's fees, expert's fees, and costs of investigation) and all liabilities that are caused in whole or in part by: (a) any actual or alleged infringement of any Rights and Encumbrances; (b) any breach by Supplier of this Agreement; (c) any negligent, grossly negligent or intentional act, error or omission by Supplier, its employees, officers, agents or representatives in the performance of this Agreement; (d) any act or omission of Supplier, its employees or agents in connection with the performance of any Purchase Order; or (e) any claims that are for, in the nature of, or that arise under warranty, strict liability or product liability with respect to or in connection with the Items. Nothing in this section shall limit any other remedy of Netafim.

Appears in 2 contracts

Samples: Netafim's General Terms And, Netafim's General Terms And

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Indemnity by Supplier. Supplier shall defend, indemnify and hold harmless Netafim Comet (and its officers, directors, employees, managers, customers, agents and representatives and affiliatesrepresentatives) from and against any and all actions, claims, suits, losses, penalties, damages (whether actual, punitive, consequential or otherwise) and associated costs and expenses (including attorney's fees, expert's fees, and costs of investigation) and all liabilities or obligations (collectively, “Losses”) that are caused in whole or in part by: (ai) any actual or alleged infringement of any Rights and Encumbrances; (bii) any breach by Supplier of this Agreement; (ciii) the delivery, condition, use or operation of the Items; (iv) any negligent, grossly negligent or intentional act, error or omission by Supplier, its employees, officers, agents or representatives in the performance of this Agreement; (d) any act or omission of Supplier, its employees or agents in connection with the performance of any Purchase Order; or (ev) any claims that are for, in the nature of, or that arise under warranty, strict liability or product products liability with respect to or in connection with the Items. Nothing in Supplier shall be obligated to fulfill its indemnification, defense and hold harmless obligations under this section shall limit Agreement regardless of whether any other remedy Losses result from the concurrent or partial negligence of NetafimComet.

Appears in 1 contract

Samples: www.comet-pct.com

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Indemnity by Supplier. Supplier shall defend, indemnify and hold harmless Netafim (and its officers, directors, agents and representatives and affiliatesrepresentatives) from and against any and all claims, suits, losses, penalties, damages (whether actual, punitive, consequential or otherwise) and associated costs and expenses (including attorney's fees, expert's fees, and costs of investigation) and all liabilities that are caused in whole or in part by: (a) any actual or alleged infringement of any Rights and Encumbrances; (b) any breach by Supplier of this Agreement; (c) any negligent, grossly negligent or intentional act, error or omission by Supplier, its employees, officers, agents or representatives in the performance of this Agreement; (d) any act or omission of Supplier, its employees or agents in connection with the performance of any Purchase Order; or (e) any claims that are for, in the nature of, or that arise under warranty, strict liability or product liability with respect to or in connection with the Items. Nothing in this section shall limit any other remedy of Netafim.

Appears in 1 contract

Samples: Netafim's General Terms and Conditions of Purchase

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