Purchasers Indemnities. The Purchaser hereby: a. Indemnifies the Vendor and its Agent from all claims or proceedings which may be brought against the Vendor or its Agent which in any way arise out of or are connected with the collection of the Equipment from the Location including without limitation, any claims by the owners of the properties in connection with any damage suffered or caused to these premises located at the Location, except to the extent that any claim arises directly from the negligence or wilful misconduct of the Agent and/or Vendor. b. Waives, releases, discharges and relinquishes any and all claims that the Purchaser now has or may have against the Agent, the Agent’s affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (“Indemnified Parties”) which are connected with, arise out of, relate to or are incidental to the use of any service offered by the Agent (including the online sales process) (“Services”), except to the extent that any claim arises directly from the Agent’s fraud, negligence or wilful misconduct. c. Indemnifies and holds the Agent and the Indemnified Parties harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Indemnified Parties arising out of or in connection with the Purchaser’s negligence, wilful misconduct or breach of this Contract, including any legal costs, fees and expenses of defending themselves against any claim by any or all of the parties to any transaction and/or by any other person. d. Indemnifies and holds the Agent and the Indemnified Parties harmless from any claim or demand, including legal fees on a full indemnity basis, made by any third party due to or arising out of a breach of this Contract by the Purchaser.
Appears in 2 contracts
Samples: Equipment Purchase Tender / Offer Document, Equipment Purchase Tender / Offer Document
Purchasers Indemnities. The Purchaser hereby:
a. (a) Indemnifies the Vendor and its Agent from all claims or proceedings which may be brought against the Vendor or its Agent which in any way arise out of or are connected with the collection of the Equipment from the Location including without limitation, any claims by the owners of the properties in connection with any damage suffered or caused to these premises located at the Location, except to the extent that any claim arises directly from the negligence or wilful misconduct of the Agent and/or Vendor.
b. (b) Waives, releases, discharges and relinquishes any and all claims that the Purchaser now has or may have against the Agent, the Agent’s affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (“Indemnified Parties”) which are connected with, arise out of, relate to or are incidental to the use of any service offered by the Agent (including the online sales process) (“Services”), except to the extent that any claim arises directly from the Agent’s fraud, gross negligence or wilful misconduct.
c. (c) Indemnifies and holds the Agent and the Indemnified Parties harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Indemnified Parties arising out of or in connection with the Purchaser’s negligence, wilful misconduct or breach performance of their obligations under this Contract, Contract including any legal costs, fees and expenses of defending themselves against any claim by any or all of the parties to any transaction and/or by any other personperson and/or as a result of the Purchaser’s negligent act or omission.
d. (d) Indemnifies and holds the Agent and the Indemnified Parties harmless from any claim or demand, including legal fees on a full indemnity basis, made by any third party due to or arising out of a breach of this Contract by the Purchaser.
Appears in 2 contracts
Samples: Contract for Sale of Equipment, Contract for Sale of Equipment