Common use of Non-Endorsement, Indemnification Clause in Contracts

Non-Endorsement, Indemnification. The RECIPIENT and PI acknowledge that although all reasonable efforts have been taken to ensure the accuracy and reliability of Research Materials, the NICHD, and STUDY Investigators do not and cannot warrant the results that may be obtained by using any Research Materials included therein. The NICHD and all contributors to these Research Materials disclaim all warranties as to performance or fitness of the Research Materials for any particular purpose. No indemnification for any loss, claim, damage or liability is intended or provided by any party under this agreement. Each party shall be liable for any loss, claim, damage, or liability that said party incurs as a result of its activities under this agreement, except that the NIH, as an agency of the United States, assumes liability only to the extent provided under the Federal Tort Claims Act, 28 U.S.C. 2671 et seq.