1. WORK INVOLVING NUCLEAR SUBSTANCES.
a. For purposes of this provision, the following terms have the following
meanings: (i) “Contractor” shall mean MMH Holdings, Inc., its corporate
parents, subsidiaries, shareholders, directors, officers, agents, affiliates,
employees, successors, assigns, subcontractors and suppliers; and (ii)
“Buyer” shall mean Buyer and its corporate parents, subsidiaries or
affiliates.
b. Notwithstanding anything contained in this or any other
Agreement to the contrary and to the fullest extent allowed by law,
in the event that the work, products or services provided by
Contractor and/or otherwise identified herein are provided, used, or
otherwise employed in, on or around a facility generating and/or
employing in any manner nuclear or radioactive material and/or or
generating nuclear, radioactive or ionizing radiation whether as a
fuel, product or any other substance (the “Nuclear
Substances”),Buyer:
(i) shall, prior to such provision, use or employment, (a) arrange for
insurance (in an amount satisfactory to Contractor) or
governmental indemnity protecting Contractor against any claims,
actions, proceedings, losses, damages, cost and expense,
including legal fees, and/or other liability incurred by any of them,
regardless of its nature or type, related in any way to the work,
products or services provided, or to be provided (the “Claims”) and
(b) provide to Contractor a certificate of insurance naming
Contractor as an additional insured on such insurance policies (or
other written evidence satisfactory to Contractor), and |
(ii) hereby releases, indemnifies and holds harmless the from any
Claims or damage, including loss of use, in any manner arising out
of a nuclear incident involving the Nuclear Substances in any way,
whether alleged to be due, in whole or in part to the negligence or
otherwise of the Contractor or any other party released or
indemnified hereunder.
c. All such insurance or governmental indemnity must be primary
and non-contributory with Contractor’s insurance program. All
deductibles, self-insured retentions or similar arrangements
applicable to any governmental indemnity or insurance contract
contemplated hereby shall be for the account of and paid
exclusively by Buyer. This Paragraph shall survive the expiration
or termination of this Agreement for any reason.
d. NOTWITHSTANDING THE FOREGOING, AND REGARDLESS OF
ANYTHING CONTAINED IN THIS OR ANY OTHER AGREEMENT TO
THE CONTRARY, CONTRACTOR SHALL HAVE NO LIABILITY TO
BUYER WITH RESPECT TO THE WORK, SALE OF PRODUCTS OR
PROVISION OF SERVICES UNDER THE AGREEMENT FOR LOST
PROFITS OR FOR SPECIAL, CONSEQUENTIAL, EXEMPLARY OR
INCIDENTAL DAMAGES OF ANY KIND, EVEN IF CONTRACTOR
WAS ADVISED OF THE POSSIBILITY OF SUCH LOST PROFITS OR
DAMAGES. |
