Contractor acknowledges and agrees that the training materials provided by Formosa Plastics Corporation, Texas ("Formosa") are for training purposes only and may be changed by regarding the adequacy of the training materials provided. The training materials may be copied only to the extent necessary for training of Contractor's employees and may not be transmitted in any manner without the express written authorization of Formosa.
Contractor recognizes and agrees that Contractor is solely responsible for the training, testing and certification of its employees and subcontractors of all types and tiers and that Formosa is in no way responsible for such training, testing and certification.
TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS FORMOSA PLASTICS CORPORATION, TEXAS, ITS COMPANIES, RELATED COMPANIES, DIVISIONS, SHAREHOLDERS, AND THEIR PRESENT AND FORMER OFFICERS, DIRECTORS, AGENTS, SERVANTS, AND EMPLOYEES ("FORMOSA GROUP") FROM AND AGAINST ALL CLAIMS, DAMAGES, LIABILITY, EXPENSES (INCLUDING ATTORNEY'S FEES AND OTHER COSTS OF DEFENSE) AND LOSSES ARISING OUT OF, RESULTING FROM, OR RELATING TO THE USE OF THE TRAINING MATERIALS PROVIDED BY FORMOSA. THIS SHALL INCLUDE BUT IS NOT LIMITED TO CLAIMS BASED ON TESTING, TRAINING OR LACK THEREOF, AND/OR FAILURE TO COMPLY WITH ALL FEDERAL, STATE AND LOCAL LAWS GOVERNING THE USE OF SUCH MATERIALS. tHIS DUTY TO INDEMNIFY FORMOSA GROUP INCLUDES CLAIMS CAUSED OR ALLEGED TO BE CAUSED BY THE SOLE, CONCURRENT, JOINT, ACTIVE, OR PASSIVE NEGLIGENCE OF FORMOSA GROUP.
Contractor agrees that it will keep all records of training, testing, and certification of its employes for a period of no less than five years and that such records will be available at reasonable times for inspection and auditing by Formosa.
Any use of Formosa training materials shall constitute acceptance of all terms and conditions contained herein.