Common use of Vendor's Indemnification of Buyer Clause in Contracts

Vendor's Indemnification of Buyer. Vendor agrees to reimburse, indemnify, hold harmless and to defend at its expense (or to pay any attorney's fees incurred by Buyer) Buyer and its subsidiary and affiliate companies against all damage, loss, expense, claim, liability or penalty, including, without limitation, claims of infringement of patents, copyrights, trademarks, unfair competition, bodily injury, property or other damage, arising out of any use, possession, consumption or sale of said Merchandise and from any failure of Vendor to properly perform an Order. Vendor shall not be relieved of the foregoing indemnity and related obligations by allegations or any claim of negligence on the part of buyer; provided, however, Vendor shall not remain or be liable hereunder to the extent any injury or damage is finally judicially determined to have been proximately caused by the sole negligence of Buyer. Vendor shall obtain adequate insurance to cover such liability under each Order and shall provide copies of the applicable certificate(s) of insurance annually to Buyer's Vendor Database Department at the above address.

Appears in 5 contracts

Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc), Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc), Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)

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Vendor's Indemnification of Buyer. Vendor agrees to reimburse, indemnify, hold harmless and to defend at its expense (or to pay any attorney's fees incurred by Buyer) Buyer and its subsidiary and affiliate companies against all damage, loss, expense, claim, liability or penalty, including, without limitation, claims of infringement of patents, copyrights, trademarks, unfair competition, bodily injury, property or other damage, arising out of any use, possession, consumption or sale of said Merchandise and from any failure of Vendor to properly perform an Order. Vendor shall not be relieved of the foregoing indemnity and related obligations by allegations or any claim of negligence on 26 the part of buyer; provided, however, Vendor shall not remain or be liable hereunder to the extent any injury or damage is finally judicially determined to have been proximately caused by the sole negligence of Buyer. Vendor shall obtain adequate insurance to cover such liability under each Order and shall provide copies of the applicable certificate(s) of insurance annually to Buyer's Vendor Database Department at the above address.

Appears in 1 contract

Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)

Vendor's Indemnification of Buyer. Vendor agrees to reimburse, indemnify, hold harmless and to defend at its expense (or to pay any attorney's fees incurred by Buyer) Buyer and its subsidiary and affiliate companies against all damage, loss, expense, claim, liability or penalty, including, without limitation, claims of infringement of patents, copyrights, trademarks, unfair competition, bodily injury, property or other damage, arising out of any use, possession, consumption or sale of said Merchandise and from any failure of Vendor to properly perform an Order. Vendor shall not be relieved of the foregoing indemnity and related obligations by allegations or any claim of negligence on the part of buyer; provided, however, Vendor shall not remain or be liable hereunder to the extent any injury or damage is finally judicially determined to have been proximately caused by the sole negligence of Buyer. Vendor shall obtain adequate insurance to cover such liability under each Order and shall provide copies of the applicable certificate(s) of insurance annually to Buyer's Vendor Database Department at the above address.cover

Appears in 1 contract

Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)

Vendor's Indemnification of Buyer. Vendor agrees to reimburse, indemnify, hold harmless and to defend at its expense (or to pay any attorney's fees incurred by Buyer) Buyer and its subsidiary and affiliate companies against all damage, loss, expense, claim, liability or penalty, including, without limitation, claims of infringement of patents, copyrights, trademarks, unfair competition, bodily injury, property or other damage, arising out of any use, possession, consumption or sale of said Merchandise and from any failure of Vendor to properly perform an Order. Vendor shall not be relieved of the foregoing indemnity and related obligations by allegations or any claim of negligence on the part of buyerBuyer; provided, however, Vendor shall not remain or be liable hereunder to the extent any injury or damage is finally judicially determined to have been proximately caused by the sole negligence of Buyer. Vendor shall obtain adequate insurance to cover such liability under each Order and shall provide copies of the applicable certificate(s) of insurance annually to Buyer's Vendor Database Department at the above address.

Appears in 1 contract

Samples: Purchase, Distribution and Marketing Agreement (Newtech Corp)

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Vendor's Indemnification of Buyer. Vendor agrees to reimburse, indemnify, hold harmless and to defend at its expense (or to pay any attorney's fees incurred by Buyer) Buyer and its subsidiary and affiliate companies against all damage, loss, expense, claim, liability or penalty, including, without limitation, claims of infringement of patents, copyrights, trademarks, unfair competition, bodily injury, property or other damage, arising out of any use, possession, consumption or sale of said Merchandise and from any failure of Vendor to properly perform an Order. Vendor shall not be relieved of the foregoing indemnity and related obligations by allegations or any claim of negligence on 22 the part of buyer; provided, however, Vendor shall not remain or be liable hereunder to the extent any injury or damage is finally judicially determined to have been proximately caused by the sole negligence of Buyer. Vendor shall obtain adequate insurance to cover such liability under each Order and shall provide copies of the applicable certificate(s) of insurance annually to Buyer's Vendor Database Department at the above address.

Appears in 1 contract

Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)

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