Nuclear. Unless otherwise specifically agreed to and clearly defined in the contract documents between Company and Buyer, Buyer represents and warrants that the Products covered hereby shall not be used in, or in connection with, a nuclear facility or application. Company shall in no event or circumstance whatsoever be responsible for, or incur liability in connection with, any losses, damages, claims, penalties, fines or expenses resulting from the hazardous properties of nuclear material, a nuclear incident or a nuclear energy hazard. In the event that the Products sold hereunder will be used directly or indirectly at a nuclear facility or in connection with a nuclear application, Buyer shall be solely responsible for and shall indemnify and hold Company, together with its employees, agents, representatives and suppliers of any tier, harmless from any and all loss, liability, damages, claims, penalties, fines and expenses of every kind and nature (including reasonable attorneys’ fees) for personal injuries (including death) or damage to property including but not limited to, damage to, or loss of use of the Products, the unit, the equipment, the nuclear facility, or any part thereof, or any property (at or surrounding the site), whether or not such incident or hazard is based upon or due to anyone’s fault or negligence, including the fault or negligence of the Company or any other indemnitee. In addition, Buyer shall obtain and maintain an agreement of indemnification as contemplated by Section 170 of the United States Atomic Energy Act, and/or, if applicable, the Canadian Nuclear Liability Act or any similar act or law (hereinafter collectively, the “Acts”). Buyer shall also obtain all- risk nuclear liability insurance to the extent available in such form and amount as will meet the financial protection requirements imposed by the Acts. Buyer shall continue to carry and maintain such insurance and indemnities against the foregoing risks with such coverage and limits as required by the Acts until decommissioning of the facility or cessation of the regulated activity.
Nuclear. CUSTOMIZED THERMOSTATS DEVELOPED OR SOLD HEREUNDER ARE NOT FOR USE AT ANY NUCLEAR WEAPONS FACILITY, NUCLEAR POWER PLANT, OR OTHER FACILITY AT WHICH NUCLEAR POWER IS USED OR GENERATED. Comverge accepts Customized Thermostats with the foregoing understanding, agrees to communicate the same in writing to any subsequent purchasers or users and to defend, indemnify and hold harmless WR from any claims, losses, suits, judgments and damages arising from such use, whether the cause of action be based in tort, contract or otherwise, including allegations that the WR’s liability is based on negligence or strict liability.
Nuclear. Unless expressly authorized in writing by Siemens, the Equipment must not be used in or in connection with a nuclear facility or application. If Buyer uses any Equipment in connection with any nuclear facility or activity, it does so at its own risk and Buyer will indemnify, defend and hold Siemens harmless, and waives and will require its insurers to waive all right of recovery against Siemens for any damage, loss, destruction, injury or death resulting from a “nuclear incident,” as defined in the Atomic Energy Act of 1954, as amended, whether or not due to Siemens’ negligence. Siemens’ consent to Buyer’s use of the Equipment in connection with any nuclear facility or application will be subject to additional terms and conditions that Siemens deems necessary to protect its interests.
Nuclear. If Goods purchased by Buyer are to be installed in a nuclear facility, the terms, and conditions defined in Attachment "N" will supplement the Agreement.