Cardiac Science Corporation (“CSC”) will defend and indemnify any person or entity who purchases, rents, leases or uses/deploys an Automated External Defibrillator (“AED”) from CSC or one of its authorized distributors (“Customer”) against any claims, damages, liabilities, or actions asserted by any third party (each, a “”Claim””) arising out of personal injury caused by any AED if and to the extent the Claim is based upon (i) the failure of an AED to function or perform in accordance with its specifications or (ii) defects in design, material, or workmanship of an AED. CUSTOMER MAY NOT TRANSFER OR ASSIGN ITS RIGHTS UNDER THIS POLICY. Indemnification under this Agreement is not available to Customer: (i) if the AED is used in any manner other than for its intended purpose; (ii) if Customer does not follow the required maintenance procedures; (iii) for Claims arising from the negligence or other malicious or illegal actions of Customer or its personnel; or (iv) for claims involving use of non-Cardiac Science or out-of-date pads or batteries. In addition, CSC will not be obligated to indemnify Customer under this Agreement if the patient is successfully defibrillated through the use of the AED. Coverage is effective for the period in which CSC is providing service and related support for AED models manufactured and deployed by CSC.
Indemnification is contingent upon the following:
- AEDs must be used for its intended purpose and in accordance with the instructions set
forth in the AED User Manual.
- Customer must comply with the standard maintenance protocols for the AEDs set forth in
the AED User Manual.
- Customer must preserve the self-test, rescue, and other data recorded by the AEDs and
provide CSC access to such data.
- Customer must (a) give CSC prompt written notice of the Claim, (b) tender defense of the Claim to CSC, (c) cooperate with CSC and assist in the defense of the Claim, and (d) not settle the Claim without the prior written consent of CSC, which will not be unreasonably withheld.
Defense of Claims
CSC will assume unrestricted authority to defend or settle all claims under this policy. CSC will not be liable to Customer for any defense expenses (including but not limited to fees and disbursements of legal counsel) incurred by Customer subsequent to CSC’s assumption of the defense case.
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