Product Liability Claims definition

Product Liability Claims means any claim, action or proceeding based on personal injury, death or other similar adverse effect to humans caused by (or alleged to be caused by) use of the Product.

Product Liability Claims means claims for personal injury or death based on alleged breach of product warranty, strict liability in tort, or negligent product design or manufacture.

Product Liability Claims means all liabilities and obligations with respect to any product liability claims (including personal injury claims and property damage claims) arising in connection with the use or operation of any Products manufactured or shipped by Parent, Sellers, the Purchased Entities or any of their respective Affiliates before the Closing.

Examples of Product Liability Claims in a sentence

• In the event a recall becomes necessary or third parties allege that the Products have caused damages or losses (“Product Liability Claims”), the Parties shall allocate all liability and expense arising out of, resulting from, or related to the recall or any Product Liability Claims, including attorney fees and court costs, in an equitable manner, based on the proportionate fault of the parties.

• This matter would not be covered by insurance Product Liability Claims relating to Recall Xxxxx Xxxxxxxx A complaint was filed on July 16, 2008 by counsel representing Xx. Xxxxxxxx in Ohio who alleges to have contracted botulism from a Xxxxxxxxxxx’x product.

• Buyer hereby agrees to pay Seller $300,000 per year for a period of seven years, to be paid in equal amounts on a semi-annual basis with the first payment to occur on the six month anniversary of the Closing Date, in connection with Product Liability Claims that constitute Excluded Liabilities.

• For the avoidance of doubt, Product Liability Claims are not subject to this Section 15.1 and are governed by the provisions of Section 15.4 below.

• For the avoidance of doubt, Product Liability Claims are not subject to this Section 15.2 and are governed by the provisions of Section 15.4 below.

More Definitions of Product Liability Claims

Product Liability Claims has the meaning set forth in Section 6.1(c).

Product Liability Claims shall have the meaning set forth in Section 15.2.

Product Liability Claims means all liabilities and claims (other than Personal and Property Claims) arising (i) directly under the terms and conditions of the Contracts relating to the Products, (ii) indirectly as a result of the failure, if any, to disclaim warranties arising under Applicable Law or (iii) notwithstanding the contractual terms, as a result of the imposition of warranties under Applicable Law or other obligations arising as a matter of Applicable Law (in each of clause (i) through (iii), taking into account the terms and conditions of such Contracts in effect as of the Closing), in each case, attributable to (A) the material or workmanship of any Product (I) completely manufactured or assembled, (II) completely overhauled, repaired or retrofitted, or (III) sold or provided as a replacement (other than sourced parts sold or distributed as spare parts), in each case prior to Closing, or (B) the design (as the same exists at the Closing) of any Nacelle Major Component manufactured, assembled, sold or provided as a replacement, and as the same may be or have been overhauled, repaired or retrofitted (it being understood that the Person performing any overhaul, repair or retrofit shall be responsible for liabilities and claims attributable to its own defective workmanship or its use of defective materials in connection therewith), if such Product was completely manufactured, assembled, sold or provided as a replacement prior to the Closing or during the one-year period following the Closing.

Product Liability Claims has the meaning specified in Section ------------------------ 3.09(a).

Product Liability Claims shall have the meaning ascribed in Section 8.6(b).

Product Liability Claims means any and all claims asserted against either Party or its Affiliates, or their respective directors, officers and agents, arising out of or relating to any ANAIS Products, ANAIS Instrumentation and Key Biochemistry Components manufactured sold or distributed by the Parties hereunder, including, but not limited to, claims based on strict liability in tort, negligence or breach of express or implied warranty and claims for exemplary and consequential damages, in cases in which it is alleged that personal injury, death or property damage was caused by a defect in design, material or manufacture.

Product Liability Claims has the meaning set forth in Section 4.12 below.