Notwithstanding TE's right of approval or control pursuant to this agreement, Distributor shall have the sole responsibility and liability for the distribution and sales undertaken by distributor and the use of trademarks by distributor
Distributor shall indemnify and hold TE harmless from all costs expense damage judgment or other losses including cost of investigation litigation and reasonable attorney’s fees arising out of sale distribution or promotion of products and distributed promoted and or sold by or on behalf of distributor except to the extent directly attributable to the failure of product to meet its published specifications at the time of shipment to distributor by TE all these obligations applicable as long as the rights out of the distribution agreement are performed
In no event shall TE liable for any consequential incidental indirect punitive or special damages arising from or related to distributor’s making or distribution or any use of the trademarks regardless of whether such liability is based on breach of contract tort or strict liability infringement of intellectual property failure of essential purpose or otherwise even if advised of the possibility of such damages