The undersigned or entity ("Seller"), for value received, hereby represents and agrees as follows:
1. Articles contained herein are hereby warranted by any delivery or failure to deliver by Seller, its subsidiaries or divisions (a "Product") or by Brookbrook Brothers & Sons, Inc., subsidiaries, divisions or divisions (collectively, the "Buyer") , the deadline for delivery or failure to deliver, (1) is not adulterated within the meaning of the Federal Food, Drug, and Cosmetic Act (the "Act"), (b) is not an article that may not be introduced into interstate commerce Sections 404 and 505 of the Act, and (c) compliance with all applicable federal, state and local laws.
2. Seller agrees to indemnify, indemnify and hold harmless Buyer and its employees, agents, directors and customers (individuals, a "Subject") from and against all actions, suits, claims, demands and proceedings, ("Allegations") , and any claim for judgment, damages, losses, debts, liabilities, fines, fines, fees and expenses (including reasonable attorneys' fees) whether arising out of contract, tort, strict liability, misrepresentation, violation of applicable law and/or any Cause any: (i) Bring or commencement by any federal, state or local government authority against any product subject to any claim that shipment of any product for sale or order by seller or buyer does not satisfy the warranty set forth in paragraph 1 of this Article as to the delivery date ; or
(ii) personal injury, death or property damage to or from any of its employees (statutory or otherwise), agents, representatives, officers and directors of Seller or its contractors and subcontractors; or Damage arising out of any incident alleged to have occurred to the purchaser of the owned or alleged, rented, permanent or temporary property or premises, whether such claim was caused or alleged to have been caused by the joint and/or concurrent negligence of the purchaser; provided that the premises Yes, S
(iii) Carrying or commencing by any person or group of persons any damage to the recovery caused by injury, illness and/or death of any person, or loss or damage to property arising out of or alleged provided that Seller's indemnification obligation shall not apply to the extent that any act or omission of Seller appears to be negligent in the delivery, sale, resale, labelling, use or consumption of any product, or (b) Due to negligenc
Seller agrees to maintain and provide insurance on behalf of Buyer resulting from the claims for indemnity and defense outlined in this paragraph under paragraph 3. Seller shall be promptly notified of the process to be serviced or actual notice of receipt of any claim.
Keep harmless agreements and mortgage/guaranteed products at the best prices.