Purchaser agrees to defend, indemnify, and hold Seller, its directors, officers, employees, and parent company, Avis Industrial Corporation, harmless from any and all liability, losses, expenses, or damages which Seller may suffer as a result of claims, suits, demands, costs, legal fees, or judgments incurred by or against Seller arising out of or due to any use whatsoever of the machinery and equipment including, but not limited to:
1. The failure of Purchaser, Purchaser’s officers, agents or employees, or Purchaser’s vendors to follow manufacturer’s instructions, warnings or recommendations.
2. The failure of Purchaser, Purchaser’s officers, agents or employees, or Purchaser’s vendors to comply with Federal, State, or Local Laws and regulations applicable to the use of such machinery or equipment including, but not limited to, the 1970 Occupational and Health Act as amended; and,
3. The failure of purchaser to comply with applicable industry safety practices.
4. The Purchaser’s supplied designs, including all drawings and specifications or application thereof.