Contract draftingYour current position:Home >> Contract drafting

Indemnity clause examples for contract drafting

Time:2014-03-13 Hit:194



Indemnity clause examples for contract drafting


  1.  In the event that a party commits a breach of its obligations under this contract it shall, without prejudice to the rights of the other party under this contract, be liable for the other party in damages for any loss they suffer that was reasonably foreseeable as likely to result from the breach.
  2. In case of late delivery of the goods or any part thereof after the agreed contractual delivery time, the seller shall pay two percent of the value of the portion of the goods which is late per day of delay, pro-rated on daily basis, up to a maximum aggregate of ten percent of the total purchase order of the total purchase order value. The provision provided in this clause shall not prejudice the buyer’s right to terminate this purchase order.
  3. If a party fails to perform the contract or its performance of the contractual obligations does not conform to the agreed terms and thereby causes damages to the other party, the amount of damage compensation shall be equivalent to the damage caused by the breach of the contract, including the obtainable gains from the performance of the contract, but not exceeding the amount of damage possibly caused by the breach of the contract which was foreseen or should have been foreseen by the violating party at the time of the conclusion of the contract.
  4. Notwithstanding the foregoing, subject to the buyer has received written approval of the seller or, in cases in which the seller has been given a reasonable opportunity to cure any defect or non-conformance and has failed to do so, having given prior notice to the effect, repairs or rectification may be carried out or replacements may be made by the buyer or by a third party on its behalf for the seller’s account.
  5. The seller shall save, indemnify, defend and hold harmless the buyer from all claims, losses, damages, costs (including legal fees on a solicitor and client basis), expenses, and liabilities of every kind and nature for, or arising out of, any alleged or actual infringement of intellectual property right, arising out of or in connection with the performance of the obligations of the seller under the purchase order.





shanghai attorney