Mutual Indemnity. Except to the extent that a claim against Dell arises from Reseller’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: Reseller Agreement, Apex Reseller Agreement, Reseller Agreement
Mutual Indemnity. Except to the extent that a claim against Dell arises from Reseller’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 (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 3 contracts
Samples: Reseller Agreement, Reseller Agreement, www.delltechnologies.com
Mutual Indemnity. Except to the extent that a claim against Dell arises from Reseller’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 (provided for that 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 1 contract
Samples: Apex Reseller Agreement
