Mutual Indemnity. Each party will defend and indemnify the other party against any third party claim or action for personal bodily injury, including death, to the extent directly caused by the indemnifying party’s gross negligence or willful misconduct in the course of performing its obligations under the Agreement.
Appears in 21 contracts
Samples: Reseller Agreement, Reseller Agreement, Apex Distributor Agreement
Mutual Indemnity. Each Except to the extent that a claim arises from Your non-compliance with the restriction on High- Risk Activities, each party will defend and indemnify the other party against any third party claim or action for personal bodily injury, including death, to the extent directly caused by the indemnifying party’s gross negligence or willful misconduct in the course of performing its obligations under the Agreement.
Appears in 20 contracts
Samples: Apex Agreement Portugal, Cloud Service Offerings Agreement, Cloud Service Offerings Agreement
Mutual Indemnity. Each Except to the extent that a claim arises from Distributor’s non-compliance with the restriction on High-Risk Activities, each party will defend and indemnify the other party against any third party claim or action for personal bodily injury, including death, to the extent directly caused by the indemnifying party’s gross negligence or willful misconduct in the course of performing its obligations under the Agreement.
Appears in 13 contracts
Samples: Distributor Agreement, Distributor Agreement, Distributor Agreement
Mutual Indemnity. Each Except to the extent that a claim arises from Partner’s non-compliance with the restriction on High-Risk Activities, each party will defend and indemnify the other party against any third party claim or action for personal bodily injury, including death, to the extent directly caused by the indemnifying party’s gross negligence or willful misconduct in the course of performing its obligations under the Agreement.
Appears in 12 contracts
Samples: i.dell.com, i.dell.com, i.dell.com
Mutual Indemnity. Each party will defend and indemnify the other party against any third party claim or action for personal bodily injury, including death, to the extent directly caused by the indemnifying party’s gross negligence or willful misconduct (provided applicable law allows for limiting liability to only apply in case of gross negligence or willful misconduct) in the course of performing its obligations under the Agreement.
Appears in 4 contracts
Samples: Apex Distributor Agreement, Apex Distributor Agreement, Apex Reseller Agreement
Mutual Indemnity. Each party will shall defend and indemnify the other party against any third third-party claim or action for personal bodily injury, including death, to the extent directly caused by the indemnifying party’s gross negligence or willful misconduct in the course of performing its obligations under the Agreementthis OTS.
Appears in 2 contracts
Samples: Oem Terms of Sale, Oem Terms of Sale
Mutual Indemnity. Each party will Party shall defend and indemnify the other party Party against any third third-party claim or action for personal bodily injury, including death, to the extent directly caused by the indemnifying partyParty’s gross negligence or willful misconduct in the course of performing its obligations under the Agreementthis OTS.
Appears in 1 contract
Samples: Oem Terms of Sale