【法规名称】
【颁布时间】 2002-08-15
【法规编号】 43161 什么是编号？
【正 文】
第2页 MEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OF STANDARDS, METROLOGY AND INSPECTION (BSMI) AND JAPAN ELECTRICAL SAFETY & ENVIRONMENT TECHNOLOGY LABORATORIES (JET)
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[接上页] 3.6.1 BSMI shall indemnify and hold harmless JET, its successorsand assignees, directors, officers, agents, and employees against in respect of any and all damages, claims, losses,liabilities, expenses, fines, penalties, or suits of what-ever nature, from third parties which may, solely by an a-ct or omission of BSMI's, arise as a causal consequence o-ut of: (i) any breach or violation of this MOU by BSMI; (ii) any negligent, fraudulent, defective, or delayed perfo-rmance of BSMI's obligations under this MOU; and (iii) anynegligent or willful misrepresentation in any certificate of document delivered in conjunction with this MOU by BSMIwhich is not caused by JET.Said indemnification also sh-all include all legal fees and defense expenses incurred by the indemnitee unless otherwise specified herein. 3.6.2 JET shall indemnify and hold harmless BSMI, its successorsand assignees, officers, agents, and employees, and ROC g-overnment and the employees of ROC government, against in respect of any and all damages, claims, losses, liabiliti-es, expenses , fines, penalties, or suits of whatever nat-ure, from third parties which may, solely by an act or om-ission of JET's, arise as a causal consequence out of: (i)any breach or violation of this MOU by JET; (ii) any negl-igent, fraudulent, defective, or delayed performance of J-ET's obligations under this MOU; and (iii) any negligent or willful misrepresentation in any certificate of docume-nt delivered in conjunction with this MOU by JET which is not caused by BSMI.Said indemnification also shall incl-ude all legal fees and defense expenses incurred by the i-ndemnitee unless otherwise specified herein. 3.6.3 Upon obtaining knowledge of facts which, in JET's or BSMI's (as applicable, the "indemnitee") sole discretion, are determined to be sufficient to justify a claim for indemn-ification under this MOU, BSMI or JET (the "indemnitee"), shall promptly notify the other party (the "indemnitor") in writing of any damage, claim, loss, liability, expense,fine, penalty or suit which the indemnitee has determined-has given or could give rise to a claim under 3.6.1 or 3. 6.2 above (such written notice being a "Notice of Claim") .A Notice of Claim shall specify, in reasonable detail, the nature of any such claims, and all facts relevant th- ereto, giving rise to a claim for indemnification and de- scribing all action taken and to be taken by the indemni- tee in response to such claim. 3.6.4 With respect to any claim or demand set forth in a Noticeof Claim, the indemnitor may defend, in good faith and at its expense, any such claim or demand, and the indemnitee , at its expense, shall have the right to participate in the defense of any such claim.So long as the indemnitor is defending in good faith any such claim, the indemnitee shall not settle or compromise such claim without consent of the indemnitor.The indemnitee shall make available tothe indemnitor or its representatives all records and oth-er materials reasonably required to contest any claim, andshall cooperate fully with the indemnitor in the defense of all such claims. If the indemnitor does not elect to defend any such claim,the indemnitee shall have no obligation to do so.The in-demnitor's obligation under 3.6.1 or 3.6.2 above shall notbe affected in any way by its election to defend or not d-efend any such claim. 3.6.5 Notwithstanding 3.6.3 and 3.6.4 above, the parties acknow-ledge that use of internal legal staff may be most cost-e-ffective and able to provide the best defense.Therefore,the indemnitee shall have the right to utilize, at its op-tion, its own internal legal staff, if any, to participatein the defense or to defend itself (as the case may be de-pending upon whether the indemnitor elects to defend purs-uant to 3.6.4 above) and to retain local counsel, if and when appropriate.The indemnitor shall have no responsib-ility to pay for any portion of a staff attorney's salary,counsel's time, or time spent in defending said damages a-nd claim; all other defense expenses shall be reimbursed. 3.7 ADVERTISING 3.7.1 It is not intended by this MOU that (a) BSMI be or refer to itself as a JET "accredited" party or any similar desc-ription or (b) JET be or refer to itself as a BSMI "accre-dited" party or any other similar description.Neither p-arty shall refer to or use the other's name or Mark in anyadvertising, orally or in written materials, without the other's prior written consent. 3.8 AGENCY NOT CREATED 3.8.1 Neither party is authorized by this MOU to incur obligati-ons on behalf of the other party or to bind the other par-ty in any respect. 3.9 INDEPENDENT ORGANIZATION 3.9.1 BSMI and JET are independent organizations not affiliatedwith nor influenced or controlled by customers in any man-ner which might affect their capacity to render assessmen-ts and registrations objectively and without bias.Speci-fically, they comply with all of the following: (A) No managerial affiliation with customers. |
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