14.
3) provide for thirty (30) days’ written notice of cancellation / termination to
Customer.
Delivery to and examination or approval by either party of any certificates of
insurance or other evidence of insurance shall not relieve the other party of
any of its indemnification or insurance obligations under this Agreement.
INDEMNITY
Each party (the “Indemnifying Party”) shall indemnify, defend and save the
other party, its officers, and employees (the “Indemnified Party”) harmless
from and against any claims, proceedings, fines, penalties, expenses and costs
({inctuding reasonable legal costs) that are incurred by, or made or instituted
against, any of them or to which any of them may be liable by reason of the
Indemnifying Party carrying out or failing to carry out any obligation to
which it is subject, or exercising any right to which it is entitled, under this
Agreement except to the extent that the same are caused by the negligence or
deliberate wrong-doing of Indemnified Party or other person entitled to
indemnification under this Section.
Except as expressly provided herein, neither party or its respective
employees, agents, officers or directors, shall be tiable for any incidental,
indirect, consequential, punitive or special damages, including without
limitation toss of revenue or profit or other economic losses, delay damages,
increased costs of production, incremental cost of new equipment, pain and
suffering, emotional distress or similar damages even if such party has been
advised of the possibility of such damages.
The right of indemnification granted to the Indemnified Party under this
Section 14 shall extend to any amount paid by that person in the settlement
of any claim against it, and in entering into any such settlement, that person
may exercise its reasonable discretion as to the amount to be paid, but that
person shall serve prior notice of any intended settlement on the
Indemnifying Party at least five (5) business days prior to agreeing to any
such settlement.
The rights to indemnity provided for in this Section shall be deemed to be in
addition to any rights with respect to insurance in favor of the Indemnified
Party, its officers, and employees, provided under the Agreement.
The rights to indemnity provided for in this Section shall survive the
expiration or any termination of the Agreement.
