Installation and Maintenance. WIN shall not be liable for any damages occurring as a result of installation and/or maintenance except for damage caused by the gross negligence or willful misconduct on the part of WIN or its agents. Customer expressly assumes all liability and risks associated with installation, connection, maintenance, operation, repair, failure and removal of any WIN Equipment or other technology provided by WIN. Customer agrees to indemnify and hold WIN and its employees and agents harmless from all claims, demands and causes of action of every nature or kind, caused by, arising from or developing out of or as a result of any act or failure to act by WIN in connection with the installation, connection, maintenance, operation, failure and removal of any equipment or other technology provided by WIN, except those claims, demands and causes of action caused solely by the gross negligence or willful misconduct of WIN.
Appears in 3 contracts
Sources: Services Agreement, Services Agreement, Service Agreement