Common use of Liability for Materials Clause in Contracts

Liability for Materials. Host Provider agrees that it will use all commercially reasonable efforts to protect any and all materials supplied to Host Provider hereunder by or on behalf of Customer. Notwithstanding the foregoing, Host Provider will not be liable for any loss, cost or damage thereto [, but only to the extent that any such loss, cost or damage is not due to the negligence or willful misconduct of Host Provider (or its employees or agents). In the event that any such loss, cost or damage arises out of Host Provider’s (or an employee or agent of Host Provider’s) actions or inactions, Host Provider shall promptly reimburse Customer for all reasonable costs associated with the replacing or fixing such materials].