Common use of Liability and Indemnity Clause in Contracts

Liability and Indemnity. 8.1 Buyer will indemnify in full and on demand Seller against all liabilities, damages, losses (including economic loss such as loss of profit, loss of future revenue, loss of reputation and/or goodwill and loss of anticipated savings), costs and expenses (including reasonable legal (on a full indemnity basis) and other professional advisers‘ fees), suffered or incurred by Seller and/ or its affiliates arising out of or in connection with: 8.1.1 any acts or omissions of Buyer in connection with the use or application of the Goods and/or Services or otherwise; 8.1.2 any injury, disease or death of persons or damage to property or the environment arising out of or in connection with (i) the loading, unloading, storage, handling, purchase, use, sale or disposal of the Goods or (ii) any failure to disseminate site health and safety information; 8.1.3 Buyer’s violation of its obligations under Condition 9; and 8.1.4 any infringement by Buyer of Seller’s IPR (as defined in Condition 11.1). 8.2 Subject to Condition 8.4, Seller’s maximum aggregate liability arising out of or in connection with the Contract, whether in contract, tort (including negligence and breach of statutory duty), misrepresentation, under statute or otherwise, shall be limited to 125% of the Price of the Goods giving rise to the claim. 8.3 Subject to Condition 8.4, Seller shall not be liable to Buyer (whether in contract, tort (including negligence and breach of statutory duty), misrepresentation, under statute or otherwise) for any:

Appears in 27 contracts

Samples: Standard Terms and Conditions of Sale, Sales Contract, Sales Contract

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Liability and Indemnity. 8.1 Buyer will indemnify in full and on demand Seller against all liabilities, damages, losses (including economic loss such as loss of profit, loss of future revenue, loss of reputation and/or goodwill and loss of anticipated savings), costs and expenses (including reasonable legal (on a full indemnity basis) and other professional advisers‘ fees), suffered or incurred by Seller and/ or its affiliates arising out of or in connection with: 8.1.1 any acts or omissions of Buyer in connection with the use or application of the Goods and/or Services or otherwise; 8.1.2 any injury, disease or death of persons or damage to property or the environment arising out of or in connection with (i) the loading, unloading, storage, handling, purchase, use, sale or disposal of the Goods or (ii) any failure to disseminate site health and safety information; 8.1.3 Buyer’s violation of its obligations under Condition 9; and 8.1.4 any infringement by Buyer of Seller’s IPR (as defined in Condition 11.1). 8.2 Subject to Condition 8.4, Seller’s maximum aggregate liability arising out of or in connection with the Contract, whether in contract, tort (including negligence and breach of statutory duty), misrepresentation, under statute or otherwise, Contract shall be limited to 125% of the Price of the Goods giving rise to the claim. 8.3 Subject to Condition 8.4, Seller shall not be liable to Buyer (whether in contract, tort (including negligence and breach of statutory duty), misrepresentation, under statute or otherwise) for any: 8.3.1 loss of profit; or 8.3.2 loss of revenue, loss of production or loss of business; or 8.3.3 loss of goodwill, loss of reputation or loss of opportunity; or 8.3.4 loss of anticipated saving or loss of margin; or 8.3.5 wasted management, operational or other time;

Appears in 3 contracts

Samples: Sales Contracts, Sales Contracts, Sales Contract

Liability and Indemnity. 8.1 Buyer will indemnify in full and on demand Seller against all liabilities, damages, losses (including economic loss such as loss of profit, loss of future revenue, loss of reputation and/or goodwill and loss of anticipated savings), costs and expenses (including reasonable legal (on a full indemnity basis) and other professional advisers‘ fees), suffered or incurred by Seller and/ or its affiliates arising out of or in connection with: 8.1.1 any acts or omissions of Buyer in connection with the use or application of the Goods and/or Services or otherwise; 8.1.2 any injury, disease or death of persons or damage to property or the environment arising out of or in connection with (i) the loading, unloading, storage, handling, purchase, use, sale or disposal of the Goods or (ii) any failure to disseminate site health and safety information; 8.1.3 Buyer’s violation of its obligations under Condition Clause 9; and 8.1.4 any infringement by Buyer of Seller’s IPR (as defined in Condition Clause 11.1). 8.2 Subject to Condition Clause 8.4, Seller’s maximum aggregate liability arising out of or in connection with the Contract, whether based in contract, tort (including negligence and breach of statutory duty), misrepresentation, under statute onrechtmatige daad ) or otherwise, default (toerekenbare tekortkoming) or any other ground howsoever caused shall be limited to 125% of the Price of the Goods giving rise to the claim. 8.3 Subject to Condition Clause 8.4, Seller shall not be liable to Buyer (whether in contract, tort (including negligence and breach of statutory duty), misrepresentation, under statute or otherwise) for any: 8.3.1 loss of profit; or 8.3.2 loss of revenue, loss of production or loss of business; or 8.3.3 loss of goodwill, loss of reputation or loss of opportunity; or 8.3.4 loss of anticipated saving or loss of margin; or 8.3.5 wasted management, operational or other time;

Appears in 3 contracts

Samples: Sales Contracts, Sales Contracts, Terms and Conditions

Liability and Indemnity. 8.1 Buyer will indemnify in full and on demand Seller against all liabilities, damages, losses (including economic loss such as loss of profit, loss of future revenue, loss of reputation and/or goodwill and loss of anticipated savings), costs and expenses (including reasonable legal (on a full indemnity basis) and other professional advisers‘ fees), suffered or incurred by Seller and/ or its affiliates arising out of or in connection with: 8.1.1 any acts or omissions of Buyer in connection with the use or application of the Goods and/or Services or otherwise; 8.1.2 any injury, disease or death of persons or damage to property or the environment arising out of or in connection with (i) the loading, unloading, storage, handling, purchase, use, sale or disposal of the Goods or (ii) any failure to disseminate site health and safety information; 8.1.3 Buyer’s violation of its obligations under Condition 9; and 8.1.4 any infringement by Buyer of Seller’s IPR (as defined in Condition 11.1). 8.2 Subject to Condition 8.4, Seller’s maximum aggregate liability arising out of or in connection with the Contract, whether based in contract, tort (including negligence and breach of statutory duty), misrepresentation, under statute onrechtmatige daad ) or otherwise, default (toerekenbare tekortkoming) or any other ground howsoever caused shall be limited to 125% of the Price of the Goods giving rise to the claim. 8.3 Subject to Condition 8.4, Seller shall not be liable to Buyer (whether in contract, tort (including negligence and breach of statutory duty), misrepresentation, under statute or otherwise) for any: 8.3.1 loss of profit; or 8.3.2 loss of revenue, loss of production or loss of business; or 8.3.3 loss of goodwill, loss of reputation or loss of opportunity; or 8.3.4 loss of anticipated saving or loss of margin; or 8.3.5 wasted management, operational or other time;

Appears in 2 contracts

Samples: Sales Contracts, Sales Contracts

Liability and Indemnity. 8.1 Buyer will indemnify in full and on demand Seller against all liabilities, damages, losses (including economic loss such as loss of profit, loss of future revenue, loss of reputation and/or goodwill and loss of anticipated savings), costs and expenses (including reasonable legal (on a full indemnity basis) and other professional advisers‘ fees), suffered or incurred by Seller and/ or its affiliates arising out of or in connection with: 8.1.1 any acts or omissions of Buyer in connection with the use or application of the Goods and/or Services or otherwise; 8.1.2 any injury, disease or death of persons or damage to property or the environment arising out of or in connection with (i) the loading, unloading, storage, handling, purchase, use, sale or disposal of the Goods or (ii) any failure to disseminate site health and safety information; 8.1.3 Buyer’s violation of its obligations under Condition 9; and 8.1.4 any infringement by Buyer of Seller’s IPR (as defined in Condition 11.1). 8.2 Subject to Condition 8.4, Seller’s maximum aggregate liability arising out of or in connection with the Contract, whether in contract, tort (including negligence and breach of statutory duty), misrepresentation, under statute or otherwise, Contract shall be limited to 125% of the Price of the Goods giving rise to the claim. 8.3 Subject to Condition 8.4, Seller shall not be liable to Buyer (whether in contract, tort (including negligence and breach of statutory duty), misrepresentation, under statute or otherwise) for any: 8.3.1 loss of profit; or 8.3.2 loss of revenue, loss of production or loss of business; or 8.3.3 loss of goodwill, loss of reputation or loss of opportunity; or 8.3.4 loss of anticipated saving or loss of margin; or 8.3.5 wasted management, operational or other time;

Appears in 1 contract

Samples: Terms and Conditions

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Liability and Indemnity. 8.1 Buyer will indemnify in full and on demand Seller against all liabilities, damages, losses (including economic loss such as loss of profit, loss of future revenue, loss of reputation and/or goodwill and loss of anticipated savings), costs and expenses (including reasonable legal (on a full indemnity basis) and other professional advisers‘ fees), suffered or incurred by Seller and/ or its affiliates arising out of or in connection with: 8.1.1 any acts or omissions of Buyer in connection with the use or application of the Goods and/or Services or otherwise; 8.1.2 any injury, disease or death of persons or damage to property or the environment arising out of or in connection with (i) the loading, unloading, storage, handling, purchase, use, sale or disposal of the Goods or (ii) any failure to disseminate site health and safety information; 8.1.3 Buyer’s violation of its obligations under Condition 9; and 8.1.4 any a ny infringement by Buyer of Seller’s IPR (as defined in Condition 11.1). 8.2 Subject to Condition 8.4, Seller’s maximum aggregate liability arising out of or in connection with the Contract, whether in contract, tort (including negligence and breach of statutory duty), misrepresentation, under statute or otherwise, Contract shall be limited to 125% of the Price of the Goods giving rise to the claim. 8.3 Subject to Condition 8.4, Seller shall not be liable to Buyer (whether in contract, tort (including negligence and breach of statutory duty), misrepresentation, under statute or otherwise) for any: 8.3.1 loss of profit; or 8.3.2 loss of revenue, loss of production or loss of business; or 8.3.3 loss of goodwill, loss of reputation or loss of opportunity; or 8.3.4 loss of anticipated saving or loss of margin; or 8.3.5 wasted management, operational or other time;

Appears in 1 contract

Samples: Sales Contracts

Liability and Indemnity. 8.1 Buyer will indemnify in full and on demand Seller against all liabilities, damages, losses (including economic loss such as loss of profit, loss of future revenue, loss of reputation and/or goodwill and loss of anticipated savings), costs and expenses (including reasonable legal (on a full indemnity basis) and other professional advisers‘ fees), suffered or incurred by Seller and/ or its affiliates arising out of or in connection with: 8.1.1 any acts or omissions of Buyer in connection with the use or application of the Goods and/or Services or otherwise; 8.1.2 any injury, disease or death of persons or damage to property or the environment arising out of or in connection with (i) the loading, unloading, storage, handling, purchase, use, sale or disposal of the Goods or (ii) any failure to disseminate site health and safety information; 8.1.3 Buyer’s violation of its obligations under Condition 9; and 8.1.4 any a ny infringement by Buyer of Seller’s IPR (as defined in Condition 11.1). 8.2 Subject S ubject to Condition 8.4, Seller’s maximum aggregate liability arising out of or in connection with the Contract, whether in contract, tort (including negligence and breach of statutory duty), misrepresentation, under statute or otherwise, shall be limited to 125% of the Price of the Goods giving rise to the claim. 8.3 Subject to Condition 8.4, Seller shall not be liable to Buyer (whether in contract, tort (including negligence and breach of statutory duty), misrepresentation, under statute or otherwise) for any:

Appears in 1 contract

Samples: Sales Contracts

Liability and Indemnity. 8.1 Buyer will indemnify in full and on demand Seller against all liabilities, damages, losses (including economic loss such as loss of profit, loss of future revenue, loss of reputation and/or goodwill and loss of anticipated savings), costs and expenses (including reasonable legal (on a full indemnity basis) and other professional advisers‘ fees), suffered or incurred by Seller and/ or its affiliates arising out of or in connection with: 8.1.1 any acts or omissions of Buyer in connection with the use or application of the Goods and/or Services or otherwise; 8.1.2 any injury, disease or death of persons or damage to property or the environment arising out of or in connection with (i) the loading, unloading, storage, handling, purchase, use, sale or disposal of the Goods or (ii) any failure to disseminate site health and safety information; 8.1.3 Buyer’s violation of its obligations under Condition 9; and 8.1.4 any a ny infringement by Buyer of Seller’s IPR (as defined in Condition 11.1). 8.2 Subject to Condition 8.4, Seller’s maximum aggregate liability arising out of or in connection with the Contract, whether in contract, tort (including negligence and breach of statutory duty), misrepresentation, under statute or otherwise, shall be limited to 125% of the Price of the Goods giving rise to the claim. 8.3 Subject to Condition 8.4, Seller shall not be liable to Buyer (whether in contract, tort (including negligence and breach of statutory duty), misrepresentation, under statute or otherwise) for any:

Appears in 1 contract

Samples: Sales Contract

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