MEDICAL OR OTHER LIABILITY
- Neither the Donor nor the suppliers or any other person (including their respective officers, directors, members, employees, and agents) involved in the procurement or funding or sponsoring of the equipment or in connection with the Project will:
- have any medical or other liability whatsoever.
- be responsible for usage of the equipment or its upkeep;.
- be responsible, directly or indirectly, for the merchantability or quality of any of the equipment their functioning, or usage
- be responsible for any personal injury or property damage, of any nature whatsoever, or any untoward incident resulting from the installation, transportation or usage of any equipment including any loss or danger to life or property;
- Recipient acknowledges and confirms that Donor is supporting Recipient purely as a financial grantor and once the equipment is delivered, Donor will have no obligations/liabilities for the equipment or this Project.
- Recipient agrees and acknowledges that the Donor and suppliers are not the manufacturer of the equipment and that the delivery of the equipment is being facilitated by the Donor on an as is where is basis through third party suppliers / vendors.
- The Donor and suppliers and any other person involved in the procurement or funding or sponsoring of equipment or the Project (including their respective officers, directors, members, employees, and agents) expressly disclaim any and all warranties, express or implied, including, without limitation: (a) any and all implied warranties of merchantability, quality, durability, non-infringement, and fitness for a particular purpose (whether or not the Donor or any of its suppliers knows, has reason to know, or has been advised of any such purpose); (b) any warranty regarding results obtainable or to be obtained by the Recipient or any other person as a result of provision or use of the equipment or other materials provided hereunder; and (c) any warranty of uninterrupted, timely, or error-free operation of any equipment or materials provided hereunder.
- The Recipient agrees to indemnify and keep the Donor and its directors, officers, employees, agents and its fully indemnified (without any limitation whatsoever on its liability) at all times against any and all loss, damage, loss of reputation, loss of goodwill, liability, loss, fines, penalties, fees, damages, costs, amounts and expense (including without limitation attorneys’ fees) arising out of any obligations, claims, actions, suits, judgments, orders, litigations, enforcements and/or proceedings, incurred or sustained by the Donor in connection with and as a consequence of, (i) breach of the terms of this Agreement or (ii) fraud, wilful misconduct, gross negligence or misrepresentation.
- Neither party shall be responsible to the other for indirect or consequential loss or damages.