17. Liability of CSL

26 Sep 17. Liability of CSL

17.1 Except in relation to liability for personal injury (including sickness and death), or as otherwise set out in this Agreement, CSL shall be under no liability to the Licensee in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of goods or services supplied pursuant to this agreement or in respect of a failure or omission on the part of CSL to comply with its obligations under this agreement.
17.2 Subject to subclause 3, the Licensee warrants that it has not relied on any representation made by CSL which has not been stated expressly in this agreement, or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by CSL.
17.3 The Licensee acknowledges that to the extent CSL has made any representation which is not otherwise expressly stated in this agreement, the Licensee has been provided with an opportunity to independently verify the accuracy of that representation.
17.4 The Licensee shall at all times indemnify and hold harmless CSL and its officers, employees and agents (“those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such loss or liability was caused by:
(a) a breach by the Licensee of its obligations under this agreement; or
(b) any wilful, unlawful or negligent act or omission of the Licensee.