Common use of Indemnification and Liability Clause in Contracts

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