Common use of PARTICULAR PURPOSE Clause in Contracts

PARTICULAR PURPOSE. If Product is resold by Buyer, Buyer will include in its agreement for resale provisions that limit recoveries in accordance with this Agreement. In case of ▇▇▇▇▇’s failure to include in any agreement for resale the terms providing for such limitations, Buyer will indemnify, defend and hold Seller harmless against any claim, liability, loss, cost, damage, or expense (including reasonable attorney fees and court costs) arising out of, related to, or resulting from the failure to include in its agreement provisions that limit recoveries in accordance with this Agreement. ▇▇▇▇▇’s obligation to defend Seller shall require Buyer to pay all reasonable attorney fees and costs required to an attorney selected by Seller. IN NO EVENT WILL SELLER BE LIABLE OR RESPONSIBLE TO BUYER OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR EXPENSE OCCASIONED BY THE USE OF DEFECTIVE PRODUCTS OR RELATED TO SERVICES PROVIDED BY SELLER. BUYER ASSUMES FULL RESPONSIBILITY THAT THE PRODUCTS PURCHASED UNDER THE AGREEMENT MEET THE SPECIFICATIONS AND/OR INTENDED USE OF BUYER, AND SELLER MAKES NO REPRESENTATION WITH RESPECT TO THEM.