Softline Claims definition

Softline Claims means all liabilities, damages, losses, costs, expenses, reasonable attorney's fees and claims (except to the extent caused by Softline's negligent act, willful misconduct or breach under this Agreement) arising from (a) any breach or default in the performance of any obligation to be performed by SVI under this Agreement, and (b) any breach of any representation or warranty of SVI set forth in this Agreement. Nothing in this Paragraph creates any rights to which any insurance company may be subrogated and no person who is not a party to this Agreement may enforce, directly or indirectly, this subparagraph.
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Examples of Softline Claims in a sentence

  • For purposes of this paragraph, "Softline Claims" means all liabilities, damages, losses, costs, expenses, reasonable attorney's fees and claims (except to the extent caused by Softline's negligent act, willful misconduct or breach under this Agreement) arising from (a) any breach or default in the performance of any obligation to be performed by SVI under this Agreement, and (b) any breach of any representation or warranty of SVI set forth in this Agreement.

  • SVI shall defend, indemnify, and hold harmless Softline against all Softline Claims (as defined below) and all costs, expenses and attorney's fees reasonably incurred in the defense of any of such Softline Claims or any action or proceeding brought on any of such Softline Claims, to the extent not covered by any applicable insurance or to the extent of any liability in excess of the policy limits of such insurance.