Nuclear loss due to nuclear reaction, nuclear radiation or radioactive contamination or to any act or condition incident to any of the foregoing;
Nuclear. Loss or destruction of or damage to any property whatsoever or any Loss or expense of whatsoever nature resulting or arising therefrom or any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from;
i) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel; or
ii) the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;
Nuclear. In the event the Services provided under the Agreement are to be performed at or in any manner in connection with a nuclear installation, the following conditions shall apply:
Nuclear. Equipment and Services sold hereunder are not intended for use in connection with any nuclear facility or activity, and Purchaser warrants that it shall not use or permit others to use Equipment or Services for such purposes, without the advance written consent of ABB. If, in breach of this, any such use occurs, ABB (and its parent, affiliates, suppliers and subcontractors) disclaims all liability for any nuclear or other damage, injury or contamination, including without limitation any physical damage to a nuclear facility itself, resulting from a nuclear incident and, in addition to any other rights of ABB, Purchaser shall indemnify and hold ABB (and its parent, affiliates, suppliers and subcontractors) harmless against all such liability including, but not limited to, any physical damage to the nuclear facility or surrounding properties, if any. Consent of ABB to any such use, if any, will be conditioned upon additional terms and conditions that ABB determines to be acceptable for protection against nuclear liability including but not limited to the requirement that the Purchaser and/or its end user customer shall have complete insurance protection against liability and property damage including without limitation physical damage to a nuclear facility itself or any surrounding properties, if any, resulting from a nuclear incident and shall indemnify ABB, its subcontractors, suppliers and vendors against all claims resulting from a nuclear incident including, but not limited to, any physical damage to the nuclear facility.
Nuclear. This agreement does not cover any legal liability, loss, damage, cost, expense, death or bodily injury whatsoever or any consequential loss directly or indirectly caused by or contributed to by or arising from:
a. ionising, radiations or contamination by radio-activity from any nuclear fuel or from any nuclear waste from the combustion or use of nuclear fuel;
b. nuclear material, nuclear fission or fusion, nuclear radiation;
c. nuclear explosives or any nuclear weapon;
d. nuclear waste in whatever form; regardless of any other cause or event contributing concurrently or in any other sequence to the loss. For the purposes of this exception only, combustion shall include any self-sustaining process of nuclear fission.
Nuclear. Unless expressly authorized in writing by Siemens, the Products must not be used in or in connection with a nuclear facility or application. If Buyer uses any Product in connection with any nuclear facility or activity, it does so at its own risk and Buyer will indemnify, defend and hold Siemens harmless, and waives and will require its insurers to waive all right of recovery against Siemens for any damage, loss, destruction, injury or death resulting from a “nuclear incident,” as defined in the Atomic Energy Act of 1954, as amended, whether or not due to Siemens’ negligence. Siemens’ consent to Buyer’s use of the Product in connection with any nuclear facility or application will be subject to additional terms and conditions that Siemens deems necessary to protect its interests.
Nuclear risks
a) loss or destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting or arising therefrom or any consequential loss;
b) any legal liability of whatsoever nature;
c) any sum which you become legally liable to pay or any loss or expense; directly or indirectly caused by or contributed to by or arising from or, in the case of (c) above, attributable to:
i) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;
ii) the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.
Nuclear. In the event the Siemens Products and Services provided under the Agreement are to be used in or performed at or are connected with in any manner a nuclear installation, the following conditions shall apply:
Nuclear. 2.9.1. by any nuclear incident (as defined in the Nuclear Liability and Compensation Act, any other nuclear liability act, law or statute, or any amending law) or nuclear explosion, except for ensuing loss or damage which results directly from fire, lightning or explosion of natural, coal or manufactured gas;
2.9.2. by contamination by radioactive material; 2.10.
Nuclear. Unless otherwise specifically agreed to and clearly defined in the contract documents between Company and Buyer, Buyer represents and warrants that the Products covered hereby shall not be used in, or in connection with, a nuclear facility or application. Company shall in no event or circumstance whatsoever be responsible for, or incur liability in connection with, any losses, damages, claims, penalties, fines or expenses resulting from the hazardous properties of nuclear material, a nuclear incident or a nuclear energy hazard. In the event that the Products sold hereunder will be used directly or indirectly at a nuclear facility or in connection with a nuclear application, Buyer shall be solely responsible for and shall indemnify and hold Company, together with its employees, agents, representatives and suppliers of any tier, harmless from any and all loss, liability, damages, claims, penalties, fines and expenses of every kind and nature (including reasonable attorneys’ fees) for personal injuries (including death) or damage to property including but not limited to, damage to, or loss of use of the Products, the unit, the equipment, the nuclear facility, or any part thereof, or any property (at or surrounding the site), whether or not such incident or hazard is based upon or due to anyone’s fault or negligence, including the fault or negligence of the Company or any other indemnitee. In addition, Xxxxx shall obtain and maintain an agreement of indemnification as contemplated by Section 170 of the United States Atomic Energy Act, and/or, if applicable, the Canadian Nuclear Liability Act or any similar act or law (hereinafter collectively, the “Acts”). Buyer shall also obtain all- risk nuclear liability insurance to the extent available in such form and amount as will meet the financial protection requirements imposed by the Acts. Buyer shall continue to carry and maintain such insurance and indemnities against the foregoing risks with such coverage and limits as required by the Acts until decommissioning of the facility or cessation of the regulated activity.
