All Other Providers. Provider shall indemnify, defend and hold harmless The Children’s Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including reasonable attorney fees and costs of defense, which The Children’s Trust or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to, or resulting from the performance of this Contract by Provider or Provider’s employees, agents, servants, partners, principals or subcontractors, except to the extent arising from The Children’s Trust’s willful or wanton acts or omissions. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children’s Trust where applicable, and in the discretion of The Children’s Trust, including appellate proceedings, and shall pay all costs, judgments and reasonable attorneys’ fees which may issue thereon. The United States Health Resources and Services Administration, in accordance with the Federally Supported Health Centers Assistance Act, as amended, and Sections 224(g)-(n) of the Public Health Service Act, 42 U.S.C. § 233(g)-(n), deems qualified Federally Qualified Health Centers to be federal employees for medical negligence liability claims and provides liability protection under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2672. Provider agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend The Children’s Trust or its officers, employees and agents. The provisions of this section on indemnification shall survive the expiration or termination of this Contract.
All Other Providers. Provider shall indemnify, defend, and hold harmless The Children’s Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including reasonable attorney fees and costs of defense, which The Children’s Trust or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to, or resulting from the performance of this Contract by Provider or its employees, agents, servants, partners, principals or subcontractors, except matters arising from The Children’s Trust’s negligence, willful or wanton acts or omissions. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children’s Trust where applicable, including appellate proceedings, and shall pay all costs, judgments and reasonable attorney fees which may issue thereon. Provider agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend, The Children’s Trust or its officers, employees and agents. The provisions of this section on indemnification shall survive the expiration or termination of this Contract
