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Aeon Labs does not authorize any person or party to assume or create for it
any other obligation or liability in connection with the Products except as set
forth herein.
Aeon Labs will pass on to Customer all manufacturers’ Material warranties
to the extent that they are transferable, but will not independently warrant
any Material.
Customer must prepay shipping and transportation charges for returned
Products, and insure the shipment or accept the risk of loss or damage
during such shipment and transportation. Aeon Labs will ship the repaired
or replacement products to Customer freight prepaid.
Customer shall indemnify, defend, and hold Aeon Labs and Aeon Labs’
affiliates, shareholders, directors, officers, employees, contractors, agents
and other representatives harmless from all demands, claims, actions,
causes of action, proceedings, suits, assessments, losses, damages,
liabilities, settlements, judgments, fines, penalties, interest, costs and
expenses (including fees and disbursements of counsel) of
every kind (I)
based upon personal injury or death or injury to property to the extent any of
the foregoing is proximately caused either by a defective product (including
strict liability in tort) or by the negligent or willful acts or omissions of
Customer or its officers, employees, subcontractors or agents, and/or (ii)
arising from
or relating to any actual or alleged infringement or
