Common use of Buyer Obligations Clause in Contracts

Buyer Obligations. In addition to other obligations stated herein, Buyer assumes all risk and liability for loss or damage resulting from the handling, storage, use, or application of the Product and containers delivered hereunder. Buyer agrees to familiarize itself and keep informed (without reliance on Seller) concerning any hazards to persons and/or property involved in handling and using such Product and containers. Buyer shall advise its employees, customers, agents, distributors, consultants, independent contractors and others who handle or use, or may foreseeably handle or use, such Product, of any hazards. Buyer hereby agrees to indemnify, defend and hold Seller, its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, successors and assigns, harmless from and against any and all liabilities, losses, costs or damages, including reasonable attorneys’ fees, resulting from claims (unless finally determined to be the result of the gross negligence or willful misconduct of Seller) resulting from (a) use or handling of the Product by Buyer or its affiliates, whether or not the Product is combined with any other materials, substances or equipment or is used in any manufacturing process; (b) failure of Buyer or its affiliates to comply with laws; (c) misappropriation and/or infringement of intellectual property rights, including but not limited to patent, trademark or copyright infringement, resulting from use or handling of the Product by Buyer or its affiliates (for purposes of this Section, any reference to Buyer and its affiliates shall include Buyer’s and its affiliates’ officers, directors, employees, agents and representatives). In the event that Seller brings an action to enforce its rights under these T&Cs, and is successful in such action, Seller shall be entitled to reimbursement from Buyer of all costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) to enforce its rights hereunder.

Appears in 1 contract

Samples: Terms and Conditions of Sale

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Buyer Obligations. In addition to other obligations stated herein, Buyer Xxxxx assumes all risk and liability for loss or damage resulting from the handling, storage, use, or application of the Product and containers delivered hereunder. Buyer Xxxxx agrees to familiarize itself and keep informed (without reliance on Seller) concerning any hazards to persons and/or property involved in handling and using such Product and containers. Buyer shall advise its employees, customers, agents, distributors, consultants, independent contractors and others who handle or use, or may foreseeably handle or use, such Product, of any hazards. Buyer hereby agrees to indemnify, defend and hold Seller, its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, successors and assigns, harmless from and against any and all liabilities, losses, costs or damages, including reasonable attorneys’ fees, resulting from claims (unless finally determined to be the result of the gross negligence or willful misconduct of Seller) resulting from (a) use or handling of the Product by Buyer or its affiliates, whether or not the Product is combined with any other materials, substances or equipment or is used in any manufacturing process; (b) failure of Buyer or its affiliates to comply with laws; (c) misappropriation and/or infringement of intellectual property rights, including but not limited to patent, trademark or copyright infringement, resulting from use or handling of the Product by Buyer or its affiliates (for purposes of this Section, any reference to Buyer and its affiliates shall include Buyer’s and its affiliates’ officers, directors, employees, agents and representatives). In the event that Seller brings an action to enforce its rights under these T&Cs, and is successful in such action, Seller shall be entitled to reimbursement from Buyer of all costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) to enforce its rights hereunder.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Buyer Obligations. In addition to other obligations stated herein, Buyer Xxxxx assumes all risk and liability for loss or damage resulting from the handling, storage, use, or application of the Product and containers delivered hereunder. Buyer Xxxxx agrees to familiarize itself and keep informed (without reliance on Seller) concerning any hazards to persons and/or property involved in handling and using such Product and containers. Buyer shall advise its employees, customers, agents, distributors, consultants, independent contractors and others who handle or use, or may foreseeably handle or use, such Product, of any hazards. Buyer hereby agrees to indemnify, defend and hold Seller, its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, successors and assigns, harmless from and against any and all liabilities, losses, costs or damages, including reasonable attorneys’ fees, resulting from claims (unless finally determined to be the result of the gross negligence or willful misconduct of Seller) resulting from (a) use or handling of the Product by Buyer or its affiliates, whether or not the Product is combined with any other materials, substances or equipment or is used in any manufacturing process; (b) failure of Buyer or its affiliates to comply with laws; (c) misappropriation and/or infringement of intellectual property rights, including but not limited to patent, trademark or copyright infringement, resulting from use or handling of the Product by Buyer or its affiliates (for purposes of this Section, any reference to Buyer and its affiliates shall include Buyer’s and its affiliates’ officers, directors, employees, agents and representatives). In the event that Seller brings an action to enforce its rights under these T&Cs, and is successful in such action, Seller shall be entitled to reimbursement from Buyer of all costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) to enforce its rights hereunder.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Buyer Obligations. In addition to other obligations stated herein, Buyer assumes all risk and liability for loss or damage resulting from the handling, storage, use, or application of the Product and containers delivered hereunder. Buyer agrees to familiarize itself and keep informed (without reliance on Seller) concerning any hazards to persons and/or property involved in handling and using such Product and containers. Buyer shall advise its employees, customers, agents, distributors, consultants, independent contractors and others who handle or use, or may foreseeably handle or use, such Product, of any hazards. Buyer hereby agrees to indemnify, defend and hold Seller, its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, successors and assigns, harmless from and against any and all liabilities, losses, costs or damages, including reasonable attorneys’ fees, resulting from claims (unless finally determined to be the result of the gross negligence or willful misconduct of Seller) resulting from (a) use or handling of the Product by Buyer or its affiliates, whether or not the Product is combined with any other materials, substances or equipment or is used in any manufacturing process; (b) failure of Buyer or its affiliates to comply with laws; (c) misappropriation and/or infringement of intellectual property rights, including but not limited to patent, trademark or copyright infringement, resulting from use or handling of the Product by Buyer or its affiliates (for purposes of this Section, any reference to Buyer and its affiliates shall include Buyer’s and its affiliates’ officers, directors, employees, agents and representatives). In the event that Seller brings an action to enforce its rights under these T&Cs, and is successful in such action, Seller shall be entitled to reimbursement from Buyer of all costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) to enforce its rights hereunder.

Appears in 1 contract

Samples: Terms and Conditions of Sale

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Buyer Obligations. In addition to other obligations stated herein, Buyer assumes all risk and liability for loss or damage resulting from the handling, storage, use, or application of the Product Product, Services, and containers delivered hereunder. Buyer agrees to familiarize itself and keep informed (without reliance on SellerVAC) concerning any hazards to persons and/or or property involved in handling and using such Product Product, Services, and containers. Buyer shall advise its employees, customers, agents, distributors, consultants, independent contractors and others who handle or use, use such Product or Services of any hazards or who may foreseeably handle or use, such Product, of any hazardsdo so. Buyer hereby indemnifies and agrees to indemnify, defend and hold SellerVAC, its subsidiaries and affiliates and their respective directors, officers, shareholders, customers, employees, agents, successors and assignsassigns of each, harmless from and against any and all liabilities, losses, costs or damages, including reasonable attorneys’ attorney fees, resulting from claims (unless finally determined to be the result of the gross negligence or willful misconduct of SellerVAC) resulting from (a) use or handling of the Product or Services by Buyer or its affiliatesany third party, whether or not the Product is combined with any other materials, substances or equipment or is the Product or Services are used in any manufacturing process; (b) failure by Buyer to disseminate safety and health information as required above; (c) failure of Buyer or its affiliates to comply with laws; or (cd) misappropriation and/or or infringement of intellectual property rights, including but not limited to patent, trademark or copyright infringement, resulting from use or handling of the Product or Services by Buyer or its affiliates (for purposes any third party. Any stenciling, marking or numbering other than that contained on the preprinted VAC label shall not be relied upon and no guarantee of this Section, accuracy is made with respect to any reference to Buyer and its affiliates shall include Buyer’s and its affiliates’ officers, directors, employees, agents and representatives). In the event that Seller brings an action to enforce its rights under these T&Cs, and is successful in such action, Seller shall be entitled to reimbursement from Buyer of all costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) to enforce its rights hereundermarkings.

Appears in 1 contract

Samples: vacuumschmelze.de

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