16
17
18.
19.
SUPPLIER IN ACCORDANCE WITH THE TERMS OF THE CONTRACT DOCUMENTS, ANY
OTHER CONSEQUENTIAL OR INDIRECT DAMAGES OF ANY NATURE.
Indemnification
16.1 To the fullest extent permitted by Law, Supplier shall defend, indemnify and hold harmless
Purchaser and their respective officers, directors, shareholders, partners, employees, agents,
consultants, contractors and subcontractors {collectively “Purchaser Indemnitees”) from and
against any and all claims for damages, losses and expenses, including, but not limited to,
reasonable attorney's fees, arising out of or relating to the Project, provided that such claim,
damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to
or destruction of tangible property {other than the Equipment itself}, but only to the extent
caused by breaches of the guarantees set forth in the Contract, or by the negligent acts or
omissions or willful misconduct of Supplier, or its subcontractors, vendors, manufacturers or
suppliers or anyone directly or indirectly employed by any of them, or anyone for whose acts any
of them may be liable, regardless of whether or not such claim, damage, loss or expense is
caused in part by a party indemnified hereunder. However, nothing contained herein shall
require Supplier to indemnify the Purchaser Indemnitees for their own sole negligence or
wrongful conduct.
16.2 To the fullest extent permitted by Law, Purchaser shail defend, indemnify and hold harmless
Supplier and Supplier’s subcontractors, vendors, manufacturers and suppliers, and their
respective officers, directors, shareholders, partners, employees, and agents (collectively
“Supplier Indemnitees”} fram and against any and all claims for damages, losses and expenses,
including, but not limited to, reasonable attorney's fees, arising out of or relating to the Project,
provided that such claim, damage, loss or expense is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property, but only to the extent caused
by the negligent acts or omissions or willful misconduct of Purchaser, anyone directly or
indirectly employed by it, or anyone for whose acts it may be liable, regardless of whether or not
such claim, damage, loss or expense is caused in part by a party indemnified hereunder.
However, nothing contained herein shall require Purchaser to indemnify the Supplier
Indemnitees for their own sole negligence or wrongful conduct.
. Defined Terms
Terms used in this Agreement with initial capital letters will have the meanings indicated in the General
Conditions or as defined herein.
Severability
Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shail be deemed stricken, and all remaining provisions shail continue to be valid and binding
upon Purchaser and Supplier. The Contract Documents shalt be reformed to replace such stricken
provision or part thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
Counterparts
This Agreement and any other Contract Document may be executed in counterparts, each of which shall
be deemed an original, but all of which together shall be deemed to be the same document. A signed
copy of this Agreement (including initials affixed to all pages) or another Contract Document delivered by
