Common use of Risks and Liabilities Clause in Contracts

Risks and Liabilities. 21.1 Supplier shall be solely responsible for, and shall defend, indemnify, and hold ISR, including its shareholders, officers, directors, employees and consultants harmless from and against any and all claims, liabilities, demands, suits, proceedings (whether civil or criminal, other than criminal acts of ISR), orders, judgments, penalties, settlements, fines and all associated costs, losses and expenses (including reasonable attorneys’ and other professionals’ fees) or any other direct damages (collectively in this Section, "Damages"), which ISR and/or any of the above persons and entities may incur arising out of, incidental to, or connected with any of the following (all without derogating from any other remedy that ISR and/or any of the above persons and entities may be entitled to under the circumstances, pursuant to this Agreement or under any Applicable Law): 21.1.1 All Works including but without limitation, their assembly, integration, adjustment, tests and trials of the Goods (and/or any part thereof), as well as the Warranty Period; 21.1.2 the use of the Goods and/or any part thereof, when the Damages arise from faulty design (including errors and omissions in design) or workmanship; 21.1.3 any damage to property, death or injury to persons, arising out of, or in connection with, the Goods or the all Works; 21.1.4 Supplier’s breach of any term or provision of this Agreement or any Applicable Law; 21.1.5 any claims against ISR made by any Subcontractor arising from, or in connection with, all Works to be performed by the Subcontractor, including but without limitation any payments related to all works provided by supplier or any part thereof to any Subcontractor; 21.1.6 any negligent or willful act, error or omission by Supplier, its employees, agents, representatives and Subcontractors, in the performance of this Agreement ; 21.1.7 any actual or alleged infringement of Intellectual Property Rights of whatever type arising out of, in connection with, or otherwise resulting from the use of all works provided by supplier by Supplier, its Subcontractors or ISR.

Risks and Liabilities. 21.1 22.1. Supplier shall be solely responsible for, and shall defend, indemnify, and hold ISR, including its shareholders, officers, directors, employees and consultants harmless from and against any and all claims, liabilities, demands, suits, proceedings (whether civil or criminal, other than criminal acts of ISR), orders, judgments, penalties, settlements, fines and all associated costs, losses and expenses (including reasonable attorneys’ and other professionals’ fees) or any other direct damages (collectively in this Sectioncollectively, "Damages"), which ISR and/or any of the above persons and entities may incur arising out of, incidental to, or connected with any of the following (all without derogating from any other remedy that ISR and/or any of the above persons and entities may be entitled to under the circumstances, pursuant to this Agreement or under any Applicable Law): 21.1.1 22.1.1. All Works including but without limitation, their assembly, integration, adjustment, tests and trials of the Goods Wagons (and/or any part thereof), as well as the Warranty Period; 21.1.2 the 22.1.2. The use of the Goods Wagons and/or any part thereof, when the Damages arise from faulty design (including errors and omissions in design) or workmanship; 21.1.3 any 22.1.3. Any damage to property, death or injury to persons, arising out of, or in connection with, the Goods Wagons or the all Works; 21.1.4 22.1.4. Supplier’s breach of any term or provision of this Agreement or any Applicable Law; 21.1.5 any 22.1.5. Any claims against ISR made by any Subcontractor arising from, or in connection with, all Works to be performed by the Subcontractor, including but without limitation any payments related to all works provided by supplier or any part thereof to any Subcontractor; 21.1.6 any 22.1.6. Any negligent or willful act, error or omission by Supplier, its employees, agents, representatives and Subcontractors, in the performance of this Agreement ; 21.1.7 any 22.1.7. Any actual or alleged infringement of Intellectual Property Rights of whatever type arising out of, in connection with, or otherwise resulting from the use of all works provided by supplier by Supplier, its Subcontractors or ISR.