GmbH Flender MD Bevel helical gear units vert B3FV-25-C Bevel-helical gear reducers B3

Flender/Flender Gear Units/Bevel-helical gear reducers B3

sion of IPR infringement. 9.4 Any liability of Flender pursuant to this Clause 9 shall be excluded if the Customer (including its agents, employees, or contractors) is responsible for the claimed IPR infringement. Customer shall be deemed responsible for the claimed IPR infringement if the IPR infringement was caused by () the specific demands of the Customer, (ii) by use of the Service results or deliverables for purpose or in manner International Terms and Conditions for Consulting and Remote Services (0/2 ) Unrestricted International Terms and Conditions for Consulting and Remote Services (Version 0/2 ) page 4 of 7 not foreseeable by Flender, (iii) by modification of the Service results or deliverables by the Customer (including its agents, employees, or contractors), or (iv) by use or integration of the Service results or deliverables with any equipment or materials not provided by Flender as part of the Services. 9.5. This Clause 9 sets forth Flenders entire liability and the Customers exclusive remedy for infringement of third party IPR and any other third party rights by the Services or the results thereof. Any other rights or remedies of the Customer with regard to infringement of IPR and any other third party rights by the Services or the results thereof are hereby disclaimed and excluded to the fullest extent permissible under applicable law. 1. Liability Unless otherwise explicitly stipulated in this Contract, this Clause 1 shall exclusively govern the liability of Flender for damages, costs, and expenditures, regardless of the legal theory upon which it is based, including, but not limited to liability Contract, tort (including negligence), misrepresentation, indemnity, warranty, or otherwise. 1.1. Flender shall be liable for bodily injuries and for intentional acts or omissions as required by applicable law. 1.2. In no event shall Flender be liable, whether based in indemnity, c