Common use of Limitation of Liability; Indemnity Clause in Contracts

Limitation of Liability; Indemnity. Mandals liability on any claim for loss or damage arising out of any transactions under this Agreement or from the performance or breach thereof or connected with any goods or services supplied hereunder, or the sale, resale, operation or use of goods, whether based on agreement, warranty, tort (including negligence) or other grounds, shall not exceed the price allocable to such goods or services or part thereof involved in the claim, regardless of cause or fault. Purchaser’s remedies are limited to the return of non-conforming goods and repayment of the price or to the repair and replacement of non-conforming goods, subject to the provisions of paragraph 6. This limitation of liability and remedies reflects a deliberate and bargained-for allocation of risks between MANDALS and Purchaser and constitutes the basis of the parties’ bargain, without which MANDALS would not have agreed to the price or terms of this transaction. MANDALS SHALL NOT IN ANY EVENT BE LIABLE WHETHER AS A RESULT OF BREACH OF AGREEMENT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF GOODS OR ASSOCIATED PRODUCTS, BUSINESS INTERRUPTION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS OF CUSTOMERS OF PURCHASER FOR SUCH DAMAGE. In addition, if MANDALS furnishes Purchaser with advice or other assistance regarding any goods or services supplied hereunder, or any system or equipment in which any such goods may be installed, and which is not required pursuant to this transaction, the furnishing of the advice or assistance will not subject MANDALS to any liability, whether based on agreement, warranty, tort (including negligence) or other grounds. In the event Purchaser modifies MANDALS goods or incorporates MANDALS goods into another product or component part, Purchaser agrees to hold harmless and indemnify MANDALS from any and all claims, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) involving personal injury or property damage. Xxxxxxxxx also agrees to hold harmless and indemnify MANDALS from any patent or other intellectual property claims related to (i) any MANDALS goods made in accordance with Purchaser’s designs or specifications; or (ii) the use of any drawings provided to MANDALS by Purchaser for use in the manufacture, production or assembly of such goods. Mandals supplied goods must be used with secondary safety equipment on all applications and during operation, such as whip checks, safety socks, verification of coupling mounting and torque. On all medium compressed hoses, a proof test to 1.5xWP, and use of whip checks or similar methods of restraining movement in the event of coupling error, is mandatory.

Limitation of Liability; Indemnity. Mandals AIP’s liability on any claim for loss or damage arising out of any transactions under this Agreement or from the performance or breach thereof or connected with any goods or services supplied hereunder, or the sale, resale, operation or use of goods, whether based on agreement, warranty, tort (including negligence) or other grounds, shall not exceed the price allocable to such goods or services or part thereof involved in the claim, regardless of cause or fault. Purchaser’s remedies are limited to the return of non-conforming goods and repayment of the price or to the repair and replacement of non-conforming nonconforming goods, subject to the provisions of paragraph 67. This limitation of liability and remedies reflects a deliberate and bargained-for allocation of risks between MANDALS AIP and Purchaser and constitutes the basis of the parties’ bargain, without which MANDALS AIP would not have agreed to the price or terms of this transaction. MANDALS AIP SHALL NOT IN ANY EVENT BE LIABLE WHETHER AS A RESULT OF BREACH OF AGREEMENT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF GOODS OR ASSOCIATED PRODUCTS, BUSINESS INTERRUPTION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS OF CUSTOMERS OF PURCHASER FOR SUCH DAMAGE. In addition, if MANDALS AIP furnishes Purchaser with advice or other assistance regarding any goods or services supplied hereunder, or any system or equipment in which any such goods may be installed, and which is not required pursuant to this transaction, the furnishing of the advice or assistance will not subject MANDALS AIP to any liability, whether based on agreement, warranty, tort (including negligence) or other grounds. In the event Purchaser modifies MANDALS AIP goods or incorporates MANDALS AIP goods into another product or component part, Purchaser agrees to hold harmless and indemnify MANDALS AIP from any and all claims, liabilities, losses, costs and expenses (including SLK_TOL: #1981483v1 4 reasonable attorneys’ fees) involving personal injury or property damage. Xxxxxxxxx Purchaser also agrees to hold harmless and indemnify MANDALS AIP from any patent or other intellectual property claims related to (i) any MANDALS AIP goods made in accordance with Purchaser’s designs or specifications; or (ii) the use of any drawings provided to MANDALS AIP by Purchaser for use in the manufacture, production or assembly of such goods. Mandals supplied goods must be used with secondary safety equipment on all applications and during operation, such as whip checks, safety socks, verification of coupling mounting and torque. On all medium compressed hoses, a proof test to 1.5xWP, and use of whip checks or similar methods of restraining movement in the event of coupling error, is mandatory.

Limitation of Liability; Indemnity. Mandals Xxxxxx’x liability on any claim for loss or damage arising out of any transactions under this Agreement transaction or from the performance or breach thereof or connected with any goods or services supplied hereunder, or the sale, resale, operation or use of goods, whether based on agreementContract, warranty, tort (including negligence) or other grounds, shall not exceed the price allocable to such goods or services or part thereof involved in the claim, regardless of cause or fault. Purchaser’s remedies are limited to the return of non-conforming goods and repayment of the price or to the repair and replacement of non-conforming goods, as determined by Xxxxxx and subject to the provisions of paragraph 6section 7. This limitation of liability and remedies reflects a deliberate and bargained-for allocation of risks between MANDALS Xxxxxx and Purchaser and constitutes the basis of the parties’ bargain, without which MANDALS Xxxxxx would not have agreed to the price or terms of this transaction. MANDALS Xxxxxx shall not, under any circumstances, be liable for any charges without its prior written consent. Xxxxxx SHALL NOT IN ANY EVENT BE LIABLE WHETHER AS A RESULT OF BREACH OF AGREEMENTCONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF GOODS OR ASSOCIATED PRODUCTS, BUSINESS INTERRUPTION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS OF CUSTOMERS OF PURCHASER FOR SUCH DAMAGE. In addition, if MANDALS Xxxxxx furnishes Purchaser with advice or other assistance regarding any goods or services supplied hereunder, or any system or equipment in which any such goods may be installed, and which is not required pursuant to this transaction, the furnishing of the advice or assistance will not subject MANDALS Xxxxxx to any liability, whether based on agreementContract, warranty, tort (including negligence) or other grounds. In the event Purchaser modifies MANDALS Xxxxxx goods or incorporates MANDALS Xxxxxx goods into another product or component part, Purchaser agrees to hold harmless and indemnify MANDALS Xxxxxx from any and all claims, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) involving personal injury or property damage. Xxxxxxxxx Purchaser also agrees to hold harmless and indemnify MANDALS Xxxxxx from any patent or other intellectual property claims related to (i) any MANDALS a)any Xxxxxx goods made in accordance with Purchaser’s designs or specifications; or (ii) the b)the use of any drawings provided to MANDALS Xxxxxx by Purchaser for use in the manufacture, production or assembly of such goods. Mandals supplied goods must be used with secondary safety equipment on all applications and during operation, such as whip checks, safety socks, verification of coupling mounting and torque. On all medium compressed hoses, a proof test to 1.5xWP, and use of whip checks or similar methods of restraining movement in the event of coupling error, is mandatory.

Limitation of Liability; Indemnity. Mandals SanaVita Medical’s liability on any claim for loss or damage arising out of any transactions under this Agreement transaction or from the performance or breach thereof or connected with any goods or services supplied hereunder, or the sale, resale, operation or use of goods, whether based on agreementcontract, warranty, tort (including negligence) or other grounds, shall not exceed the price allocable to such goods or services or part thereof involved in the claim, regardless of cause or fault. Purchaser’s 's remedies are limited to the return of non-conforming goods and repayment of the price or to the repair and replacement of non-conforming goods, subject to the provisions of paragraph 6. This limitation of liability and remedies reflects a deliberate and bargained-for allocation of risks between MANDALS SanaVita Medical and Purchaser and constitutes the basis of the parties’ ' bargain, without which MANDALS SanaVita Medical would not have agreed to the price or terms of this transaction. MANDALS SanaVita Medical shall not, under any circumstances, be liable for any charges without its prior written consent. SanaVita Medical SHALL NOT IN ANY EVENT BE LIABLE WHETHER AS A RESULT OF BREACH OF AGREEMENTCONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF GOODS OR ASSOCIATED PRODUCTS, BUSINESS INTERRUPTION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS OF CUSTOMERS OF PURCHASER FOR SUCH DAMAGE. In addition, if MANDALS SanaVita Medical furnishes Purchaser with advice or other assistance regarding any goods or services supplied hereunder, or any system or equipment in which any such goods may be installed, and which is not required pursuant to this transaction, the furnishing of the advice or assistance will not subject MANDALS SanaVita Medical to any liability, whether based on agreementcontract, warranty, tort (including negligence) or other grounds. In the event Purchaser modifies MANDALS SanaVita Medical goods or incorporates MANDALS SanaVita Medical goods into another product or component part, Purchaser agrees to hold harmless and indemnify MANDALS SanaVita Medical from any and all claims, liabilities, losses, costs and expenses (including reasonable attorneys’ ' fees) involving personal injury or property damage. Xxxxxxxxx also agrees to hold harmless and indemnify MANDALS SanaVita Medical from any patent or other intellectual property claims related to (i) any MANDALS SanaVita Medical goods made in accordance with Purchaser’s 's designs or specifications; or (ii) the use of any drawings provided to MANDALS by Purchaser for use in the manufacture, production or assembly of such goods. Mandals supplied goods must be used with secondary safety equipment on all applications and during operation, such as whip checks, safety socks, verification of coupling mounting and torque. On all medium compressed hoses, a proof test to 1.5xWP, and use of whip checks or similar methods of restraining movement in the event of coupling error, is mandatory.

Limitation of Liability; Indemnity. Mandals Xxxxxx'x liability on any claim for loss or damage arising out of any transactions under this Agreement Contract or from the performance or breach thereof or connected with any goods or services supplied hereunder, or the sale, resale, operation or use of goods, whether based on agreementcontract, warranty, tort (including negligence) or other grounds, shall not exceed the price allocable to such goods or services or part thereof involved in the claim, regardless of cause or fault. Purchaser’s remedies are limited to the return replacement or repair of non-conforming goods and repayment of the price or to the repair and replacement of non-conforming goodsany defective good, subject to the provisions terms of paragraph Section 6. This limitation of liability and remedies reflects a deliberate and bargained-for allocation of risks between MANDALS Xxxxxx and Purchaser and constitutes the basis of the parties’ ' bargain, without which MANDALS Xxxxxx would not have agreed to the price or terms of this transaction. MANDALS Xxxxxx shall not, under any circumstances, be liable for any labor charges without its prior written consent. XXXXXX SHALL NOT IN ANY EVENT BE LIABLE WHETHER AS A RESULT OF BREACH OF AGREEMENTCONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF GOODS OR ASSOCIATED PRODUCTS, BUSINESS INTERRUPTION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS OF CUSTOMERS OF PURCHASER FOR SUCH DAMAGE. In addition, if MANDALS Xxxxxx furnishes Purchaser with advice or other assistance regarding any goods or services supplied hereunder, or any system or equipment in which any such goods may be installed, and which is not required pursuant to this transaction, the furnishing of the advice or assistance will not subject MANDALS Xxxxxx to any liability, whether based on agreementcontract, warranty, tort (including negligence) or other grounds. In the event Purchaser modifies MANDALS Xxxxxx goods or incorporates MANDALS Xxxxxx goods into another product or component part, Purchaser agrees to hold harmless and indemnify MANDALS Xxxxxx from any and all claims, liabilities, losses, costs and expenses (including reasonable attorneys’ ' fees) involving personal injury or property damage. Xxxxxxxxx Purchaser also agrees to hold harmless and indemnify MANDALS Xxxxxx from any patent or other intellectual property claims related to (ia) any MANDALS goods made in accordance with Purchaser’s 's designs or specifications; or (iib) the use of any drawings provided to MANDALS Xxxxxx by Purchaser for use in the manufacture, production or assembly of such goods. Mandals supplied goods must be used with secondary safety equipment on all applications and during operation, such as whip checks, safety socks, verification of coupling mounting and torque. On all medium compressed hoses, a proof test to 1.5xWP, and use of whip checks or similar methods of restraining movement in the event of coupling error, is mandatory.

Limitation of Liability; Indemnity. Mandals Secant’s liability on any claim for loss or damage arising out of any transactions under this Agreement transaction or from the performance or breach thereof or connected with any goods or services supplied hereunder, or the sale, resale, operation or use of goods, whether based on agreementcontract, warranty, tort (including negligence) or other grounds, shall not exceed the price allocable to such goods or services or part thereof involved in the claim, regardless of cause or fault. Purchaser’s 's remedies are limited to the return of non-conforming goods and repayment of the price or to the repair and replacement of non-conforming goods, subject to the provisions of paragraph 6. This limitation of liability and remedies reflects a deliberate and bargained-for allocation of risks between MANDALS Secant and Purchaser and constitutes the basis of the parties’ ' bargain, without which MANDALS Secant would not have agreed to the price or terms of this transaction. MANDALS Secant shall not, under any circumstances, be liable for any charges without its prior written consent. Secant SHALL NOT IN ANY EVENT BE LIABLE WHETHER AS A RESULT OF BREACH OF AGREEMENTCONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF GOODS OR ASSOCIATED PRODUCTS, BUSINESS INTERRUPTION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS OF CUSTOMERS OF PURCHASER FOR SUCH DAMAGE. In addition, if MANDALS Secant furnishes Purchaser with advice or other assistance regarding any goods or services supplied hereunder, or any system or equipment in which any such goods may be installed, and which is not required pursuant to this transaction, the furnishing of the advice or assistance will not subject MANDALS Secant’s to any liability, whether based on agreementcontract, warranty, tort (including negligence) or other grounds. In the event Purchaser modifies MANDALS Secant’s goods or incorporates MANDALS Secant’s goods into another product or component part, Purchaser agrees to hold harmless and indemnify MANDALS Secant from any and all claims, liabilities, losses, costs and expenses (including reasonable attorneys’ ' fees) involving personal injury or property damage. Xxxxxxxxx also agrees to hold harmless and indemnify MANDALS Secant from any patent or other intellectual property claims related to (i) any MANDALS Secant goods made in accordance with Purchaser’s 's designs or specifications; or (ii) the use of any drawings provided to MANDALS by Purchaser for use in the manufacture, production or assembly of such goods. Mandals supplied goods must be used with secondary safety equipment on all applications and during operation, such as whip checks, safety socks, verification of coupling mounting and torque. On all medium compressed hoses, a proof test to 1.5xWP, and use of whip checks or similar methods of restraining movement in the event of coupling error, is mandatory.

Limitation of Liability; Indemnity. Mandals liability on any claim for loss or damage arising out of any transactions under this Agreement or from the performance or breach thereof or connected with any goods or services supplied hereunder, or the sale, resale, operation or use of goods, whether based on agreement, warranty, tort (including negligence) or other grounds, shall not exceed the price allocable to such goods or services or part thereof involved in the claim, regardless of cause or fault. Purchaser’s remedies are limited to the return of non-conforming goods and repayment of the price or to the repair and replacement of non-conforming goods, subject to the provisions of paragraph 6. This limitation of liability and remedies reflects a deliberate and bargained-for allocation of risks between MANDALS and Purchaser and constitutes the basis of the parties’ bargain, without which MANDALS would not have agreed to the price or terms of this transaction. MANDALS SHALL NOT IN ANY EVENT BE LIABLE WHETHER AS A RESULT OF BREACH OF AGREEMENT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF GOODS OR ASSOCIATED PRODUCTS, BUSINESS INTERRUPTION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS OF CUSTOMERS OF PURCHASER FOR SUCH DAMAGE. In addition, if MANDALS furnishes Purchaser with advice or other assistance regarding any goods or services supplied hereunder, or any system or equipment in which any such goods may be installed, and which is not required pursuant to this transaction, the furnishing of the advice or assistance will not subject MANDALS to any liability, whether based on agreement, warranty, tort (including negligence) or other grounds. In the event Purchaser modifies MANDALS goods or incorporates MANDALS goods into another product or component part, Purchaser agrees to hold harmless and indemnify MANDALS from any and all claims, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) involving personal injury or property damage. Xxxxxxxxx also agrees to hold harmless and indemnify MANDALS from any patent or other intellectual property claims related to (i) any MANDALS goods made in accordance with Purchaser’s designs or specifications; or (ii) the use of any drawings provided to MANDALS by Purchaser for use in the manufacture, production or assembly of such goods. Mandals supplied goods must be used with secondary safety equipment on all applications and during operation, such as whip checks, safety socks, verification of coupling mounting and torque. On all medium compressed hoses, a proof test to 1.5xWP, and use of whip checks or similar methods of restraining movement in the event of coupling error, is mandatory. Mandals is not in any way responsible for press fit coupling assembly performed by others. Any procedures distributed by Mandals is made for internal use by Mandals to assemble press-fit couplings and are only valid for machines used by Mandals. These procedures must be regarded as guidelines only, and all customers and entities performing press-fit assembly of couplings must validate their own procedures and press-fit measurements.

Limitation of Liability; Indemnity. Mandals Xxxxxx’x liability on any claim for loss or damage arising out of any transactions under this Agreement or from the performance or breach thereof or connected with any goods or services supplied hereunder, or the sale, resale, operation or use of goods, whether based on agreement, warranty, tort (including negligence) or other groundsgrounds or theory of liability, shall not exceed the price allocable to such goods or services or part thereof involved in the claim, regardless of cause or fault. Purchaser’s remedies are limited to the return of non-conforming goods and repayment of the price or to the repair and replacement of non-conforming goods, subject to the provisions of paragraph 6Section 7. This limitation of liability and remedies reflects a deliberate and bargained-for allocation of risks between MANDALS Xxxxxx and Purchaser and constitutes the basis of the parties’ bargain, without which MANDALS Xxxxxx would not have agreed to the price or terms of this transaction. MANDALS XXXXXX SHALL NOT IN ANY EVENT BE LIABLE WHETHER AS A RESULT OF BREACH OF AGREEMENT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS FOR INCIDENTAL, SPECIAL SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF GOODS OR ASSOCIATED PRODUCTS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS OF CUSTOMERS OF PURCHASER FOR SUCH DAMAGE. In addition, if MANDALS Xxxxxx furnishes Purchaser with advice or other assistance regarding any goods or services supplied hereunder, or any system or equipment in which any such goods may be installed, and which is not required pursuant to this transaction, the furnishing of the advice or assistance will not subject MANDALS Xxxxxx to any liability, whether based on agreement, warranty, tort (including negligence) or other grounds. In the event Purchaser modifies MANDALS Xxxxxx goods or incorporates MANDALS Xxxxxx goods into another product or component part, Purchaser agrees to hold harmless harmless, fully defend and indemnify MANDALS Xxxxxx, including its directors, officers, employees, agents and representatives (collectively “Xxxxxx Indemnitees”) from any and all claims, liabilities, losses, costs penalties, interest, costs, damages and expenses (including reasonable attorneys’ feesfees and litigation costs) involving personal injury or property damage. Xxxxxxxxx Purchaser also agrees to hold harmless harmless, fully defend and indemnify MANDALS the Xxxxxx Indemnitees from and against any and all patent or other intellectual property claims related to (i) any MANDALS Xxxxxx goods made in accordance with Purchaser’s designs or specifications; or (ii) the use of any drawings provided to MANDALS Xxxxxx by Purchaser for use in the manufacture, production or assembly of such goods. Mandals supplied ; or (iii) Purchaser’s modification of Xxxxxx goods must be used or Purchaser’s combination of Xxxxxx goods with secondary safety equipment on all applications and during operationanother product, such as whip checks, safety socks, verification of coupling mounting and torque. On all medium compressed hoses, a proof test to 1.5xWP, and use of whip checks or similar methods of restraining movement which in the event of coupling error, is mandatoryeither case was not previously authorized by Xxxxxx.

Limitation of Liability; Indemnity. Mandals Xxxxxx'x liability on any claim for loss or damage arising out of any transactions under this Agreement transaction or from the performance or breach thereof or connected with any goods or services supplied hereunder, or the sale, resale, operation or use of goods, whether based on agreementcontract, warranty, tort (including negligence) or other grounds, shall not exceed the price allocable to such goods or services or part thereof involved in the claim, regardless of cause or fault. Purchaser’s remedies are limited to the return of non-conforming goods and repayment of the price or to the repair and replacement of non-conforming goods, subject to the provisions of paragraph 6. This limitation of liability and remedies reflects a deliberate and bargained-for allocation of risks between MANDALS Xxxxxx and Purchaser and constitutes the basis of the parties’ ' bargain, without which MANDALS Xxxxxx would not have agreed to the price or terms of this transaction. MANDALS Xxxxxx shall not, under any circumstances, be liable for any labor charges without its prior written consent. XXXXXX SHALL NOT IN ANY EVENT BE LIABLE WHETHER AS A RESULT OF BREACH OF AGREEMENTCONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF GOODS OR ASSOCIATED PRODUCTS, BUSINESS INTERRUPTION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS OF CUSTOMERS OF PURCHASER FOR SUCH DAMAGE. In addition, if MANDALS Xxxxxx furnishes Purchaser with advice or other assistance regarding any goods or services supplied hereunder, or any system or equipment in which any such goods may be installed, and which is not required pursuant to this transaction, the furnishing of the advice or assistance will not subject MANDALS to any liability, whether based on agreement, warranty, tort (including negligence) or other grounds. In the event Purchaser modifies MANDALS goods or incorporates MANDALS goods into another product or component part, Purchaser agrees to hold harmless and indemnify MANDALS from any and all claims, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) involving personal injury or property damage. Xxxxxxxxx also agrees to hold harmless and indemnify MANDALS from any patent or other intellectual property claims related to (i) any MANDALS goods made in accordance with Purchaser’s designs or specifications; or (ii) the use of any drawings provided to MANDALS by Purchaser for use in the manufacture, production or assembly of such goods. Mandals supplied goods must be used with secondary safety equipment on all applications and during operation, such as whip checks, safety socks, verification of coupling mounting and torque. On all medium compressed hoses, a proof test to 1.5xWP, and use of whip checks or similar methods of restraining movement in the event of coupling error, is mandatory.assistance

Limitation of Liability; Indemnity. Mandals Secant’s liability on any claim for loss or damage arising out of any transactions under this Agreement transaction or from the performance or breach thereof or connected with any goods or services supplied hereunder, or the sale, resale, operation or use of goods, whether based on agreementcontract, warranty, tort (including negligence) or other grounds, shall not exceed the price allocable to such goods or services or part thereof involved in the claim, regardless of cause or fault. Purchaser’s 's remedies are limited to the return of non-conforming goods and repayment of the price or to the repair and replacement of non-conforming goods, subject to the provisions of paragraph 6. This limitation of liability and remedies reflects a deliberate and bargained-for allocation of risks between MANDALS Secant and Purchaser and constitutes the basis of the parties’ ' bargain, without which MANDALS Secant would not have agreed to the price or terms of this transaction. MANDALS Secant shall not, under any circumstances, be liable for any charges without its prior written consent. SECANT SHALL NOT IN ANY EVENT BE LIABLE WHETHER AS A RESULT OF BREACH OF AGREEMENTCONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF GOODS OR ASSOCIATED PRODUCTS, BUSINESS INTERRUPTION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS OF CUSTOMERS OF PURCHASER FOR SUCH DAMAGE. In addition, if MANDALS Secant furnishes Purchaser with advice or other assistance regarding any goods or services supplied hereunder, or any system or equipment in which any such goods may be installed, and which is not required pursuant to this transaction, the furnishing of the advice or assistance will not subject MANDALS Secant to any liability, whether based on agreementcontract, warranty, tort (including negligence) or other grounds. In the event Purchaser modifies MANDALS Secant goods or incorporates MANDALS Secant goods into another product or component part, Purchaser agrees to hold harmless and indemnify MANDALS Secant from any and all claims, liabilities, losses, costs and expenses (including reasonable attorneys’ ' fees) involving personal injury or property damage. Xxxxxxxxx Purchaser also agrees to hold harmless and indemnify MANDALS Secant from any patent or other intellectual property claims related to (i) any MANDALS Secant goods made in accordance with Purchaser’s 's designs or specifications; or (ii) the use of any drawings provided to MANDALS by Purchaser for use in the manufacture, production or assembly of such goods. Mandals supplied goods must be used with secondary safety equipment on all applications and during operation, such as whip checks, safety socks, verification of coupling mounting and torque. On all medium compressed hoses, a proof test to 1.5xWP, and use of whip checks or similar methods of restraining movement in the event of coupling error, is mandatory.

Limitation of Liability; Indemnity. Mandals Xxxxxx'x liability on any claim for loss or damage arising out of any transactions under this Agreement transaction or from the performance or breach thereof or connected with any goods or services supplied hereunder, or the sale, resale, operation or use of goods, whether based on agreementContract, warranty, tort (including negligence) or other grounds, shall not exceed the price allocable to such goods or services or part thereof involved in the claim, regardless of cause or fault. Purchaser’s 's remedies are limited to the return of non-conforming goods and repayment of the price or to the repair and replacement of non-conforming goods, as determined by Xxxxxx and subject to the provisions of paragraph 6section 7. This limitation of liability and remedies reflects a deliberate and bargained-for allocation of risks between MANDALS Xxxxxx and Purchaser and constitutes the basis of the parties’ ' bargain, without which MANDALS Xxxxxx would not have agreed to the price or terms of this transaction. MANDALS Xxxxxx shall not, under any circumstances, be liable for any charges without its prior written consent. Xxxxxx SHALL NOT IN ANY EVENT BE LIABLE WHETHER AS A RESULT OF BREACH OF AGREEMENTCONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF GOODS OR ASSOCIATED PRODUCTS, BUSINESS INTERRUPTION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS OF CUSTOMERS OF PURCHASER FOR SUCH DAMAGE. In addition, if MANDALS Xxxxxx furnishes Purchaser with advice or other assistance regarding any goods or services supplied hereunder, or any system or equipment in which any such goods may be installed, and which is not required pursuant to this transaction, the furnishing of the advice or assistance will not subject MANDALS Xxxxxx to any liability, whether based on agreementContract, warranty, tort (including negligence) or other grounds. In the event Purchaser modifies MANDALS Xxxxxx goods or incorporates MANDALS Xxxxxx goods into another product or component part, Purchaser agrees to hold harmless and indemnify MANDALS Xxxxxx from any and all claims, liabilities, losses, costs and expenses (including reasonable attorneys’ ' fees) involving personal injury or property damage. Xxxxxxxxx Purchaser also agrees to hold harmless and indemnify MANDALS Xxxxxx from any patent or other intellectual property claims related to (i) any MANDALS a)any Xxxxxx goods made in accordance with Purchaser’s 's designs or specifications; or (ii) the b)the use of any drawings provided to MANDALS Xxxxxx by Purchaser for use in the manufacture, production or assembly of such goods. Mandals supplied goods must be used with secondary safety equipment on all applications and during operation, such as whip checks, safety socks, verification of coupling mounting and torque. On all medium compressed hoses, a proof test to 1.5xWP, and use of whip checks or similar methods of restraining movement in the event of coupling error, is mandatory.

Limitation of Liability; Indemnity. Mandals FSS will exercise due care and skill in the performance of its services and accepts responsibility only in cases of proven negligence FSS shall have no liability on any claim for loss or damage to the Client arising out of or in connection with the Contract and its performance by reason of any transactions under this Agreement or from the performance or breach thereof or connected with any goods or services supplied hereunder, representation or the salebreach of any express or implied condition, resalewarranty or other term of any duty at common law or under any statute for any indirect, operation special or use consequential loss of goods, whether based on agreement, warranty, tort the Client (including negligence) or other groundsloss of profits), shall not exceed and the price allocable to such goods or services or part thereof involved in total liability of the claim, regardless of cause or fault. Purchaser’s remedies are limited Company to the return Client in respect of non-conforming goods and repayment any other loss shall be limited in respect of the price any one event or series of connected events, to an amount equal to the repair and replacement of non-conforming goods, subject fees paid to the provisions of paragraph 6. This limitation of liability and remedies reflects a deliberate and bargained-for allocation of risks between MANDALS and Purchaser and constitutes Company under the basis of the parties’ bargainContract (excluding General Sales Tax thereon) The Client shall guarantee, without which MANDALS would not have agreed to the price or terms of this transaction. MANDALS SHALL NOT IN ANY EVENT BE LIABLE WHETHER AS A RESULT OF BREACH OF AGREEMENT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF GOODS OR ASSOCIATED PRODUCTS, BUSINESS INTERRUPTION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS OF CUSTOMERS OF PURCHASER FOR SUCH DAMAGE. In addition, if MANDALS furnishes Purchaser with advice or other assistance regarding any goods or services supplied hereunder, or any system or equipment in which any such goods may be installed, and which is not required pursuant to this transaction, the furnishing of the advice or assistance will not subject MANDALS to any liability, whether based on agreement, warranty, tort (including negligence) or other grounds. In the event Purchaser modifies MANDALS goods or incorporates MANDALS goods into another product or component part, Purchaser agrees to hold harmless and indemnify MANDALS from FSS and its officers, employees, agents or subcontractors against all claims made by any and all claimsthird party for loss, liabilities, losses, costs and expenses (damage or expense of whatsoever nature including reasonable attorneys’ fees) involving personal injury legal expenses and howsoever arising relating to the performance, purported performance or property damagenon-performance of any services to the extent that the aggregate of any such claims relating to any one service exceed the limit mentioned. Xxxxxxxxx also agrees FSS reserves the right to hold harmless add to, delete or change these conditions to maintain conformance with Accreditation Board requirements, without prior notification Responsibility & Authority – FSS is responsible for and retains absolute authority for decisions relating to the granting, Refusing, maintaining of certification, expanding or reducing the scope of certification, renewing, suspending or restoring following suspension, or withdrawing of certification Neither FSS SERVICES nor any of its employees or auditors shall be liable for any loss, expense or damage however so sustained by any company, client or person due to any act whatsoever taken by FSS SERVICES or its employees or auditors, save to the extent that any attempted exclusion or liability would be contrary to law. The client will indemnify MANDALS from FSS SERVICES against any patent claims or other intellectual property claims losses suffered by FSS SERVICES as a result of misuse or misrepresentation by the client of any logo, approval or registration given to the client by FSS SERVICES under these Certification Agreement & Rules. The client shall inform FSS SERVICES of changes related to legal status, organizational/management, address & sites, scope, major change in management system and processes. Acceptance of this document means the Organization is ready to follow all the terms and conditions as defined in this document and Accredited Management System Process (i) FSS SERVICES-F002), hence this document will be considered as a legally enforceable document to deal with any MANDALS goods made in accordance with Purchaser’s designs or specifications; or (ii) the use of any drawings provided to MANDALS by Purchaser for use in the manufacture, production or assembly of such goods. Mandals supplied goods must be used with secondary safety equipment on all applications and during operation, such as whip checks, safety socks, verification of coupling mounting and torque. On all medium compressed hoses, a proof test to 1.5xWP, and use of whip checks or similar methods of restraining movement in the event of coupling error, is mandatorymisconduct.