§1 Duty to Defend, Indemnify & Hold Harmless

To the fullest extent permitted by law, Customer shall defend, indemnify, and hold harmless American Mortuary Coolers and its brands and their owners, officers, directors, employees, agents, dealers, and suppliers (the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, liabilities, damages, losses, judgments, fines, penalties, costs, and expenses — including reasonable attorneys’ fees, expert fees, and court costs — arising out of or relating to the matters in §2, whether based in contract, tort, strict liability, statute, or otherwise, and regardless of the theory of liability.

§2 Covered Matters

• (a) Customer’s use, installation, operation, maintenance, storage, resale, or disposal of any product;
• (b) Customer’s breach of the Terms of Purchase or any posted policy;
• (c) Customer’s violation of any law, regulation, code, or third-party right;
• (d) any bodily injury, death, property damage, environmental claim, or loss of remains-storage capacity connected with the product after delivery;
• (e) improper site preparation, electrical supply, drainage, ventilation, or installation not performed to AMC’s or the manufacturer’s published specifications or by a qualified professional; and
• (f) any third-party claim arising from Customer’s acts or omissions.

§3 Control of Defense; No Settlement Without Consent

AMC may, at Customer’s expense, assume the exclusive defense and control of any matter subject to indemnification, and Customer shall cooperate fully. Customer shall not settle any matter in a manner that imposes any obligation, liability, payment, or admission on an Indemnified Party without AMC’s prior written consent.

§4 Governing Law & Venue

This policy is governed by and construed under the laws of the State of Tennessee, without regard to conflict-of-laws principles. Regardless of where Customer resides, is located, or takes delivery, Customer irrevocably consents to exclusive jurisdiction and venue in the courts of Washington County, Tennessee — including the General Sessions Court of Washington County, Tennessee and the state and federal courts sitting in Washington County, Tennessee — and waives any objection based on venue, forum non conveniens, or lack of personal jurisdiction. In any action to enforce this policy, the prevailing party shall recover its reasonable attorneys’ fees, court costs, and collection costs.

§5 Survival

Customer’s obligations under this policy survive delivery, completion, cancellation, refusal, and termination of any order or of the Terms of Purchase, and continue for the maximum period permitted by law.