Common use of Harm Clause in Contracts

Harm. Physical injury or damage to the health of people, or damage to property or the environment. Immediately, without any delay that could not be justified. Incident: • Any malfunction or deterioration in the characteristics and/or performance of a device, as well as any inadequacy in the labelling or the instructions for use which, directly or indirectly, might lead to or might have led to serious injury or the death of a patient, or user or of other persons or to a serious deterioration in their state of health. • Any technical or medical reason related to the characteristics or performances of a device (see first bullet point) that leads to a systematic recall of devices of the same type by the manufacturer.