13.3 If, through actions or omissions of Purchaser or of
persons employed or appointed by him, personal injury or
damage to the property of any person occurs and if a claim is
made against ABB, then Purchaser shall indemnify, defend,
and hold ABB harmless from such claim. Any liability of ABB to
Purchaser for damage to property or personal injury or death
caused by the Works or by any employee(s) of ABB shall be
determined by applicable law. However, such liability shall not
exceed the amount specified in Clause 13.4.
13.4 Total liability of ABB (including its employees,
shareholders and directors) in respect of any and all claims for
damages or losses, which may arise out of or in connection
with ABB’s performance or non-performance under the
Contract shall not exceed 5% of the total Contract price.