Common use of Life Critical Applications Clause in Contracts

Life Critical Applications. Unless otherwise specifically agreed by the parties in writing, IXYS hereby agrees that Products are not authorized for use as, and IXYS shall not integrate, promote, sell or otherwise transfer any Product to any customer or end user for use as critical components in any device, application or system where it is reasonably foreseeable that failure of the Product(s) as used in such device, application or system would cause death, bodily injury or catastrophic property damage, such as (a) any medical, life saving or life support device or system, (b) any safety device or system in automotive application and mechanism (including but not limited to automotive brake or airbag systems), (c) any nuclear facilities, (d) any air traffic control device, application or system, or (e) any weapons device, application or system (the “Life Critical Applications”). Notwithstanding anything contrary to the limitation of liability of IXYS as set forth in this Agreement or APA, IXYS shall, at its expense, defend, indemnify and hold harmless Samsung from all Claims arising from using the Products in the Life Critical Applications, and/or Losses incurred or arising out of or in connection with such Claims.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Ixys Corp /De/), Foundry Services Agreement (Ixys Corp /De/), Asset Purchase Agreement (Ixys Corp /De/)

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Life Critical Applications. Unless otherwise specifically agreed by the parties in writing, IXYS hereby agrees that Products are not authorized for use as, and IXYS shall not integrate, promote, sell or otherwise transfer any Product to any customer or end user for use as critical components in any device, application or system where it is reasonably foreseeable that failure of the Product(s) as used in such device, application or system would cause death, bodily injury or catastrophic property damage, such as (a) any medical, life saving or life support device or system, (b) any safety device or system in automotive application and mechanism (including but not limited to automotive brake or airbag systems), (c) any nuclear facilities, (d) any air traffic control device, application or system, or (e) any weapons device, application or system (the “Life Critical Applications”). Notwithstanding anything contrary to the limitation of liability of IXYS as set forth in this Agreement or APA, IXYS shall, at its expense, defend, indemnify and hold harmless Samsung from all Claims arising from using the Products in the Life Critical Applications, and/or Losses incurred or arising out of or in connection with such Claims.. 12 Limited Warranty, Limitation of Liability & Disclaimer

Appears in 1 contract

Samples: Foundry Services Agreement (Ixys Corp /De/)

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