Mutual Indemnity. 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 (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 5 contracts
Samples: Distributor Agreement, Distributor Agreement, Apex Distributor Agreement
Mutual Indemnity. Except to the extent that a claim arises from Distributor’s Your non-compliance with the restriction on High-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: Cloud Service Offerings Agreement, Cloud Service Offerings Agreement, Apex Agreement
Mutual Indemnity. Except to the extent that a claim arises from Distributor’s Your non-compliance with the restriction on High-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 (and as allowed per applicable law) 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 2 contracts
Samples: Apex Agreement, Apex Agreement
Mutual Indemnity. Except to the extent that a claim arises from Distributor’s Your non-compliance with the restriction on High-High- Risk Activities, each party will 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 (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 2 contracts
Samples: Apex Agreement, Dell Apex Agreement
Mutual Indemnity. 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 (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 2 contracts
Samples: Apex Distributor Agreement, www.delltechnologies.com
Mutual Indemnity. Except to the extent that a claim arises from DistributorPartner’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, 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 1 contract
Samples: i.dell.com