42 | 4D-Nucleofector
®
Manual
HEREIN TO THE CONTRARY, THE LIABILITY OF LONZA WITH
RESPECT TO A CLAIM OF ANY KIND WHATSOEVER, SHALL
NOT EXCEED THE INVOICE PRICE OF THE PARTS, REPLACE-
MENT PARTS OR SERVICE AS TO WHICH THE CLAIM IS
MADE.
Buyer assumes all responsibility and liability for injury or
damages resulting from its handling, possession, use or
sale of the Purchased Device or Licensed Process includ-
ing, but not limited to any injury or damage resulting from
the use of the Purchased Device or Licensed Process in
Buyer’s operations or in combination with other substanc-
es, materials or products. Buyer agrees to defend, indem-
nify and hold Lonza and its affiliates and their respective
directors, officers, employees, agents harmless from and
against all claims, losses, damages, liabilities and expenses
(including attorneys’ fees and other litigation or settlement
costs) arising out of (a) Buyer’s handling, possession, use
or sale of the Purchased Device or Licensed Process, (b)
any material breach of any Agreement between Lonza and
Buyer or other terms and conditions relating to the use
of the Purchased Device or Licensed Process provided to
Buyer by Lonza, or (c) the gross negligence or willful mis-
conduct of Buyer or any of its affiliates in performing any
activity relating to the subject matter hereof.
Lonza does not assume any liability that the Licensed
Process, the Purchased Device or any product resulting
from the use of the Licensed Process or use of the Pur-
chased Device shall be approved by governmental
authorities or any other institution or supervisory board or
similar agencies.
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