Common use of PARTICULAR PURPOSE Clause in Contracts

PARTICULAR PURPOSE. Buyer agrees that: (i) the supplier of the Goods (the “Supplier”) is not HOS’s agent and that no statement by the Supplier is binding on HOS; (ii) if Buyer has a maintenance or other contract with the Supplier, such contract is not a part of this Agreement (even though HOS may, on behalf of the Supplier, xxxx Buyer for monies owed by Buyer to Supplier); (iii) no breach of contract or other act or omission on the part of the Supplier will excuse Buyer’s obligations to HOS; (iv) Supplier products and support are offered by HOS to the Buyer subject to the terms and conditions of the Supplier, which are available upon customer request; and (v) if the Goods are unsatisfactory for any reason, Buyer shall continue to make all payments due to HOS as both parties work together in good faith to resolve any dispute. Buyer shall indemnify and defend HOS against, and hold HOS harmless for, any and all claims (including claims for personal injuries), actions, damages, liabilities, losses and costs (including but not limited to reasonable attorneys’ fees) made against HOS, or suffered or incurred by HOS, arising out of, or relating to, the delivery, installation, possession, ownership, use, loss of use, defect in or malfunction of the Goods.

PARTICULAR PURPOSE. Buyer agrees that: (i) the supplier of the Goods (the “Supplier”) is not HOS’s agent and that no statement by the Supplier is binding on HOS; (ii) if Buyer has a maintenance or other contract with the Supplier, such contract is not a part of this Agreement (even though HOS may, on behalf of the Supplier, xxxx Buyer for monies owed by Buyer to Supplier); (iii) no breach of contract or other act or omission on the part of the Supplier will excuse Buyer’s obligations to HOS; and (iv) Supplier products and support are offered by HOS to the Buyer subject to the terms and conditions of the Supplier, which are available upon customer request; and (v) if the Goods are unsatisfactory for any reason, Buyer shall continue to make all payments due to HOS as both parties work together in good faith to resolve any dispute. Buyer shall indemnify and defend HOS against, and hold HOS harmless for, any and all claims (including claims for personal injuries), actions, damages, liabilities, losses and costs (including but not limited to reasonable attorneys’ fees) made against HOS, or suffered or incurred by HOS, arising out of, or relating to, the delivery, installation, possession, ownership, use, loss of use, defect in or malfunction of the Goods.