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