Wavelink are not responsible for the actions or omissions of the Reseller (or vice versa). If there are not appropriate indemnity clauses, either party could be unfairly held responsible for losses that are out of their control.
This Agreement provides for mutual indemnity clauses, whereby each party indemnifies the other party against loss incurred or sustained by their negligent or wilful acts or omissions (but not if the other party failed to perform its obligations under the Agreement).
Clause 14.5 limits the Reseller’s indemnity.
The indemnity provisions will survive termination of the Agreement so if a party incurs a loss etc as a result of the other party, after the Agreement is terminated, that party can still rely on this clause.
