Common use of Biosil’s liability Clause in Contracts

Biosil’s liability. Subject to the terms of this Agreement, if Biosil (a) fails to carry out the Biosil Tests; or (b) has carried out the Biosil Tests and the results of the Biosil Tests are that the Products are Non-Conforming Products and Biosil does not exercise its remedies in terms of Section 8.3. then Biosil shall indemnify, defend and hold harmless ASC, its subsidiaries and Affiliates and its and their respective directors, officers, shareholders, partners, attorneys, accountants, agents and employees and the heirs, successors and assigns or any of them (each, an “ASC Indemnitee”) from, against and in respect of any claim or action for damages, injuries, losses or liabilities, including costs and expenses, including without limitation settlement costs and reasonable attorneys’ fees and other reasonable expenses for defending any Litigation brought by any person who is not a party to this Agreement (“Third Party Claims”) as and when incurred (collectively “Losses”), arising as a result of the processing or use of such Products, provided that Biosil’s liability in aggregate under this Clause shall not exceed $5 million.

Biosil’s liability. Subject to the terms of this Agreement, if Biosil (a) fails to carry out the Biosil Tests; or (b) has carried out the Biosil Tests and the results of the Biosil Tests are that the Products are Non-Conforming Products and Biosil does not exercise its remedies in terms of Section 8.3. then Biosil shall indemnify, defend and hold harmless ASC, its subsidiaries and Affiliates and its and their respective directors, officers, shareholders, partners, attorneys, accountants, agents and employees and the heirs, successors and assigns or any of them (each, an “ASC Indemnitee”) from, against and in respect of any claim or action for damages, injuries, losses or liabilities, including costs and expenses, including without limitation settlement costs and reasonable attorneys’ fees and other reasonable expenses for defending any Litigation brought by any person who is not a party to this Agreement (“Third Party Claims”) as and when incurred (collectively “Losses”), arising as a result of the processing or use of such Products, provided that Biosil’s liability in aggregate under this Clause shall not exceed $5 million[* * *].