Examples of Supplier Indemnitee in a sentence
Embarq will indemnify and defend Supplier, its affiliates, and their respective directors, officers, affiliates, suppliers agents and employees (each, a “Supplier Indemnitee”) from and against all third party claims, damages losses, liabilities, costs, expenses and reasonable legal fees arising out of a claim by a third party against a Supplier Indemnitee resulting from any act or omission of Embarq under this Agreement.
The duty to indemnify will not apply to the extent that any Claim arises from the gross negligence, recklessness, or willful misconduct of a Supplier Indemnitee or Supplier’s breach of this Agreement.
In no event shall either party be liable to ----------- the other, or have any obligation to indemnify any GWI Indemnitee, or Supplier Indemnitee, as the case may be, for any consequential or indirect damages or Losses including any loss of profits suffered by GWI or Supplier, however caused and on any theory of liability.
Supplier or Zicam, as applicable (in such capacity, the "Indemnitor") shall promptly assume full and complete responsibility for the investigation, defense, compromise and settlement of any claim, suit or action arising out of or relating to the indemnified matters following written notice thereof from the Zicam Indemnitee or Supplier Indemnitee, as applicable (the "Indemnitee"), which notice shall be given by the Indemnitee within ten (10) days of the Indemnitee’s knowledge of such claim, suit or action.
The foregoing indemnification obligations shall not apply in each case to the extent any particular Loss is a direct result of the negligence or intentional misconduct of a Supplier Indemnitee or for which Supplier is obligated to indemnify GWI pursuant to Section 21.1 above.
Notwithstanding any provision of this Agreement to the contrary, in no event shall either Party be liable to the other, or have any obligation to indemnify any Purchaser Indemnitee or Supplier Indemnitee, as the case may be, for any consequential or indirect damages or Losses including any loss of profits suffered by the Purchaser or the Supplier, however caused and on any theory of liability, regardless of any failure of essential purpose of any remedy available under this Agreement.
Notwithstanding the above, in no event will Lannett be liable under subsections (a) through (d) above to the extent that any such Loss results from the willful, grossly negligent or negligent act or omission of Supplier or any Supplier Indemnitee.
The Supplier or any Supplier Indemnitee shall not compromise or settle such claim or suit without the prior written approval of Replidyne.
The duty to indemnify will not apply to the extent that any Claim arises from the negligence, recklessness, or willful misconduct of a Supplier Indemnitee.
The foregoing indemnification obligations shall not apply in each case to the extent any particular Loss is a direct result of the negligence or intentional misconduct of the Supplier Indemnitee, or (ii) any matter for which the Supplier is obligated to indemnify the Purchaser pursuant to Section 14.1 above.