Indemnity for Losses. Sensor-Technik shall defend, indemnify, and hold harmless Xxxxx for Losses proximately caused by Defective Products manufactured by Sensor-Technik, other than Losses which are proximately caused by (i) Xxxxx’x acts or omissions, or the acts or omissions of any person which purchases, resells, uses, or operates Products, or (ii) misuse of the Products. If it cannot be readily determined whether or the extent to which the Losses were proximately caused by Defective Products, either Party may submit the matter to binding arbitration pursuant to Article 10 to determine the amounts attributable to the Defective Products or to each Party, as the case may be.
Appears in 4 contracts
Samples: Development, Supply, and License Agreement, Development, Supply, and License Agreement (Smith Electric Vehicles Corp.), Development, Supply, and License Agreement (Smith Electric Vehicles Corp.)
