Champ Stick
TM
400 Manual
Part # G25E03-001
Glue Machinery Corporation
TM
4234 Boston St, Baltimore, Maryland 21224
Toll Free 1-888-202 2468 | Phone: 410-761-2727 | Fax: 410-761-5127
Email:
| GlueMachinery.com
shareholders and employees (collectively “Seller”) from and against any and all manner of
actions, claims, demands, damages, losses, liabilities, penalties, judgments, costs and
expenses of any kind whatsoever (including without limitation, attorneys’ and consultants’
fees and expenses), whether in law or in equity or otherwise, arising out of or relating to (i)
any inaccurate or faulty specifications supplied by Buyer, or (ii) any infringement or alleged
infringement of any patent, trademark, design or other intellectual property rights resulting
from Seller’s compliance with Buyer’s specifications, or (iii) any personal injuries or
property damage sustained or allegedly sustained by any person (including, but not limited
to, Seller’s agents and employees) as a result of Buyer’s active or passive negligence or
misconduct; or (iv) Buyer’s or any third party’s failure to test and determine the suitability of
any item for Buyer’s or any other intended user; (v) Buyer’s or any third party’s misuse or
failure to use any item in a manner that does not conform to the applicable item
specifications or to the requirements of any applicable federal, state or local law or
requirement; or (vi) any third party claims asserted against Seller as a result of Buyer’s or
any other third-party’s use of any item purchased hereunder. The provisions of this
paragraph shall survive the delivery of and payment for all items under this Agreement and
shall apply irrespective of whether Seller is also actively or passively negligent or otherwise
at fault. In addition, this indemnity specifically covers any claims that may be asserted by
Buyer’s employees, and Buyer hereby expressly waives, for purposes of this indemnity only,
any immunity it may have under any worker’s compensation or other law from liability for
claims brought by Seller pursuant to this paragraph.
Buyer’s indemnity obligations to Seller hereinabove shall not be limited by any limitation on
the amount or type of damages, benefits or compensation payable by or for Buyer under
worker’s compensation acts, disability benefit acts or other employee benefit acts on account
of claims against Seller by an employee of Buyer or anyone employed directly or indirectly
by Buyer or anyone for whose acts Buyer may be liable. In no event shall Buyer’s liability
hereunder be limited to the extent of any insurance available to or provided by Buyer.
12.
GOVERNING LAW
: This Agreement shall be governed by, and construed in accordance
with, the laws of the State of Maryland without regard to its conflicts of laws. Any and all
disputes arising under this Agreement shall be resolved in a state or federal court of
competent jurisdiction within the State of Maryland and Buyer hereby irrevocably submits to
the jurisdiction of any such court for the resolution of any and all disputes arising hereunder.
