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10. The Purchaser shall have no claim for damages based on Defects. This shall not apply to the extent that a Defect has been
fraudulently concealed, the guaranteed characteristics are not complied with, in the case of loss of life, bodily injury or damage to
health, and/or intentionally or grossly negligent breach of contract on the part of the Supplier. The above provisions do not imply a
change in the burden of proof to the detriment of the Purchaser. Any other or additional claims of the Purchaser exceeding the
claims provided for in this Article VIII, based on a Defect, are excluded.
Article IX: Industrial Property Rights and Copyrights; Defects in Title
1. Unless otherwise agreed, the Supplier shall provide the Supplies free from third parties' industrial property rights and
copyrights (hereinafter referred to as "IPR") with respect to the country of the place of delivery only. If a third party asserts a
justified claim against the Purchaser based on an infringement of an IPR by the Supplies made by the Supplier and used in
conformity with the contract, the Supplier shall be liable to the Purchaser within the time period stipulated in Article VIII No. 2 as
follows:
(a) The Supplier shall choose whether to acquire, at its own expense, the right to use the IPR with respect to the Supplies
concerned or whether to modify the Supplies such that they no longer infringe the IPR or replace them. If this would be impossible
for the Supplier under reasonable conditions, the Purchaser may rescind the contract or reduce the remuneration pursuant to the
applicable statutory provisions;
(b) The Supplier's liability to pay damages is governed by Article XII;
(c) The above obligations of the Supplier shall apply only if the Purchaser (i) immediately notifies the Supplier of any such claim
asserted by the third party in written form, (ii) does not concede the existence of an infringement and (iii) leaves any protective
measures and settlement negotiations to the Supplier's discretion. If the Purchaser stops using the Supplies in order to reduce
the damage or for other good reason, it shall be obliged to point out to the third party that no acknowledgement of the alleged
infringement may be inferred from the fact that the use has been discontinued.
2. Claims of the Purchaser shall be excluded if it is responsible for the infringement of an IPR.
3. Claims of the Purchaser are also excluded if the infringement of the IPR is caused by specifications made by the Purchaser, by
a type of use not foreseeable by the Supplier or by the Supplies being modified by the Purchaser or being used together with
products not provided by the Supplier.
4. In addition, with respect to claims by the Purchaser pursuant to No. 1 a) above, Article VIII Nos. 4, 5, and 9 shall apply mutatis
mutandis in the event of an infringement of an IPR.
5. Where other defects in title occur, Article VIII shall apply mutatis mutandis.
6. Any other claims of the Purchaser against the Supplier or its agents or any such claims exceeding the claims provided for in
this Article IX, based on a defect in title, are excluded.
Article X: Conditional Performance
1. The performance of this contract is conditional upon that no hindrances attributable to German, US or otherwise applicable
national, EU or international rules of foreign trade law or any embargos or other sanctions exist.
2. The Purchaser shall provide any information and Documents required for export, transport and import purposes.
Article XI: Impossibility of Performance; Adaptation of Contract
1. To the extent that delivery is impossible, the Purchaser is entitled to claim damages, unless the Supplier is not responsible for
the impossibility. The Purchaser's claim for damages is, however, limited to an amount of 10 % of the value of the part of the
Supplies which, owing to the impossibility, cannot be put to the intended use. This limitation shall not apply in the case of liability
based on intent, gross negligence or loss of life, bodily injury or damage to health; this does not imply a change in the burden of
proof to the detriment of the Purchaser. The Purchaser's right to rescind the contract shall be unaffected.
2. Where events within the meaning of Article IV No. 2 (a) to (c) substantially change the economic importance or the contents of
the Supplies or considerably affect the Supplier's business, the contract shall be adapted taking into account the principles of
reasonableness and good faith. To the extent this is not justifiable for economic reasons, the Supplier shall have the right to
rescind the contract. The same applies if required export permits are not granted or cannot be used. If the Supplier intends to
exercise its right to rescind the contract, it shall notify the Purchaser thereof without undue delay after having realized the
