1.

Non-Nuclear Use
The Purchaser acknowledges, agrees and represents that the equipment sold under or pursuant
to this contract by the Seller shall not be resupplied or used at any facility indulging into nuclear
material enrichment or production of nuclear energy.
In the event of breach of this condition:
(a) The Purchaser shall indemnify and hold the Seller including its directors, officers,
affiliates, agents and/or representatives harmless from any loss or damages including
expenses such as attorney’s fees arising out of or in connection with breach of this
condition, any nuclear incident, including any third-party claims, caused or alleged to have
been caused due to the equipment supplied under this contract,
(b) The Seller shall be entitled to terminate any or all the agreements existing with the
Purchaser and withhold or set-off any amount due to the Purchaser under such agreements
against potential or actual loss due to the nuclear incident, and
(c) Notwithstanding anything contrary specified in the applicable law, the Purchaser shall be
deemed to be the “Supplier” under The Civil Liability for Nuclear Damage Act, 2010 of
India.