Indemnification and Liability. 12.1. Novum shall only be liable for intent and gross negligence. This limitation shall not apply to damages resulting from culpable injury to life, body or health or in the event of culpable breach of material contractual obligations. Material contractual obligations are those whose fulfillment is essential to the proper performance of the contract and on whose compliance the customer regularly relies and may rely. However, Novum and its vicarious agents shall be liable for property damage and financial loss due to a negligent breach of an essential contractual obligation limited to the amount of the damage foreseeable and typical for the contract at the time of the conclusion of the contract
Indemnification and Liability. Except for damages caused through injuries of life, body and health, and except for damages caused by a breach of Novum's principal duties under the Loan Agreement (“Hauptleistungspflichten”), Novum will only be liable for gross negligence or wilful misconduct in the performance of its duties under the Loan Agreement.
Indemnification and Liability. 12.1. The Customer will indemnify and hold harmless Novum against any damages or liabilities, which Novum may incur as a result of or in relation to any breach of Customer's obligations or warranties.
Indemnification and Liability. 12.1. With the exception of damages resulting from injuries to life, body and health, and e damages resulting from the violation of essential contractual obligations by Novum, which are indispensable for the proper fulfilment of the contract (Kardinalspflichten), Novum will only be liable for gross negligence or willful misconduct in the performance of its duties under the Agreement. In case of ordinary negligence, Novum's liability shall be limited to the amount of damages typically foreseeable.
Indemnification and Liability. YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS US AND OUR EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS AND BUSINESS PARTNERS AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS) INCURRED BY US IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS, AND CAUSES OF ACTION ARISING OUT OF (a) YOUR USE OF THE RENTAL AND SUBSCRIPTION SERVICES, OR THE FURBO HARDWARE PRODUCT; (b) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM YOUR USE OF THE RENTAL AND SUBSCRIPTION SERVICES OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; (c) YOUR BREACH OF ANY PROVISION OF THESE TERMS HEREIN OR ANY GENERAL TERMS AND CONDITIONS.