Examples of Owner Indemnitee in a sentence
Except to the extent that Program Manager is not permitted to approve legal counsel appointed by its insurer to defend a claim against an Owner Indemnitee under this Section VIII, the Owner Indemnitee reserves the right to participate in the approval of such appointed counsel.
If an Owner Indemnitee does not have the right to approve of such appointed legal counsel, the Owner Indemnitee shall have the right to have independent legal counsel of its own choice participate with the appointed legal counsel at Owner’s expense in the defense of the claim.
Such obligation to defend, hold harmless and defend any Owner Indemnitee shall not apply to the extent that such losses and liabilities are found to have been caused by the gross negligence or willful misconduct of such Owner Indemnitee.
Notwithstanding the foregoing and for purposes of clarity, Losses claimed by third parties (but not including any Contractor Indemnitee or Owner Indemnitee) for which Contractor or Owner have a duty to indemnify the Owner Indemnitee or Contractor Indemnitee, as applicable, pursuant to this Agreement, shall not be subject to the limitations set forth in this Section 30.1.
Thus, notwithstanding any other provision in this Agreement, including this Section 5.1, the Company shall not be liable to any Owner Indemnitee, and shall not indemnify any Owner Indemnitee, for Losses due to or related to the conduct of the staff that is onsite at the location(s) where the Business’ clinical operations are conducted, except and to the extent the Company breaches an express obligation hereunder.