The SELLER agrees to indemnify and hold harmless the BUYER from any damage to the BUYER's property and against any claims for loss or injury to any third party or the property of any third by reason of the SELLER's negligence, or any act or omission of the part of employees, sub-contractors or agents of the SELLER arising out of the performance of the contract, and to adequately insure against this liability, and any defects of faults discovered in PRODUCTS supplied, hereunder, including without limitation, defects in design, materials, workmanship and/or non suitability for intended use, and failure of PRODUCTS to comply with the terms and the Contract.