Common use of Application of Indemnities Clause in Contracts

Application of Indemnities. (a) THE PARTIES HEREBY EXPRESS THEIR INTENT THAT THE RELEASES OF LIABILITY AND INDEMNITIES CONTAINED IN SECTIONS 8.1 AND 8.2 ABOVE BE LIBERALLY CONSTRUED. SUCH RELEASES OF LIABILITY AND INDEMNITIES SHALL APPLY TO ANY LOSS, DAMAGE, PERSONAL INJURY OR DEATH WHICH ARISES FROM THE PERFORMANCE OF THIS LEASE, AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF, INCLUDING STRICT LIABILITY, BREACH OF WARRANTY (EXPRESS OR IMPLIED), IMPERFECTION OF MATERIALS, CONDITION OF ANY SITE, OR THE NEGLIGENCE OF THE INDEMNITEE (OR RELEASED PARTY), WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE, AND WHETHER THE CLAIM THEREFOR IS BASED ON COMMON LAW, CIVIL LAW, MARITIME LAW, STATUTE OR CONTRACTUAL OBLIGATION BETWEEN THE INDEMNITEE AND A THIRD PARTY (b) NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE RELEASES OF LIABILITY AND INDEMNITIES CONTAINED IN SECTIONS 8.1 AND 8.2 SHALL NOT APPLY TO ANY CLAIM OR LIABILITY CAUSED BY THE WILLFUL MISCONDUCT OF THE INDEMNIFIED OR RELEASED PARTY AND FURTHER SHALL NOT IN ANY EVENT APPLY TO AWARDS OR ASSESSMENTS OF PUNITIVE DAMAGES.

Application of Indemnities. 9.10.1 EXCEPT AND TO THE EXTENT EXPRESSLY OTHERWISE PROVIDED IN THIS CONTRACT, THE PARTIES INTEND AND AGREE THAT THE PHRASES "BE RESPONSIBLE FOR" AND/OR "HOLD HARMLESS" AND/OR "INDEMNIFY" IN THIS CONTRACT MEAN THAT THE INDEMNIFYING PARTY SHALL RELEASE, INDEMNIFY, HOLD HARMLESS AND DEFEND (aINCLUDING PAYMENT OF REASONABLE ATTORNEY'S FEES AND COSTS OF LITIGATION) THE PARTIES HEREBY EXPRESS THEIR INTENT THAT THE RELEASES INDEMNIFIED PARTY FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF LIABILITY ACTION, DAMAGES, JUDGMENTS AND INDEMNITIES CONTAINED AWARDS OF ANY KIND OR CHARACTER, WITHOUT LIMIT (EXCEPT AS SPECIFICALLY LIMITED IN SECTIONS 8.1 AND 8.2 ABOVE BE LIBERALLY CONSTRUED. SUCH RELEASES OF LIABILITY AND INDEMNITIES SHALL APPLY TO ANY LOSS, DAMAGE, PERSONAL INJURY OR DEATH WHICH ARISES FROM THE PERFORMANCE OF THIS LEASE, CONTRACT) AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF, INCLUDING STRICT LIABILITYPRE-EXISTING CONDITIONS, WHETHER SUCH CONDITIONS BE PATENT OR LATENT, THE UNSEAWORTHINESS OF ANY VESSEL OR VESSELS, BREACH OF REPRESENTATION OR WARRANTY (EXPRESS EXPRESSED OR IMPLIED), IMPERFECTION STRICT LIABILITY, TORT, BREACH OF MATERIALS, CONDITION OF ANY SITE, CONTRACT OR THE NEGLIGENCE TO ANY DEGREE OF ANY PERSON OR PERSONS, INCLUDING THAT OF THE INDEMNITEE (OR RELEASED INDEMNIFIED PARTY), WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE, OR ANY OTHER THEORY OF LEGAL LIABILITY. A PARTY'S OBLIGATION TO INDEMNIFY AND WHETHER HOLD THE CLAIM THEREFOR IS BASED ON COMMON LAW, CIVIL LAW, MARITIME LAW, STATUTE OR CONTRACTUAL OBLIGATION BETWEEN THE INDEMNITEE AND A THIRD PARTY (b) NOTWITHSTANDING ANYTHING HEREIN OTHER PARTY HARMLESS PURSUANT TO THE CONTRARY, THE RELEASES OF LIABILITY AND INDEMNITIES CONTAINED IN SECTIONS 8.1 AND 8.2 THIS CONTRACT SHALL NOT APPLY TO ANY CLAIM THE EXTENT SUCH OBLIGATION RELATES TO A LOSS OR LIABILITY CAUSED BY RESULTING FROM THE WILLFUL MISCONDUCT OF THE PARTY WITH THE RIGHT TO BE INDEMNIFIED AND HELD HARMLESS. 9.10.2 AN INDEMNIFYING PARTY'S OBLIGATIONS CONTAINED IN THIS CONTRACT SHALL ALSO EXTEND TO THE INDEMNIFIED PARTY, ITS AFFILIATED COMPANIES AND ITS SUBCONTRACTORS (OTHER THAN CONTRACTOR FOR THE PURPOSES OF THIS SUBSECTION) AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OWNERS, SHAREHOLDERS AND INSURERS OF EACH AND TO ACTIONS AGAINST THE RIG, ITS LEGAL AND BENEFICIAL OWNERS, WHETHER IN REM OR RELEASED PARTY AND FURTHER SHALL NOT IN ANY EVENT APPLY TO AWARDS OR ASSESSMENTS OF PUNITIVE DAMAGESPERSONAM.

Application of Indemnities. (a) THE PARTIES HEREBY EXPRESS THEIR INTENT THAT THE RELEASES OF LIABILITY AND INDEMNITIES CONTAINED IN SECTIONS 8.1 AND 8.2 ABOVE BE LIBERALLY CONSTRUED. SUCH RELEASES OF LIABILITY AND INDEMNITIES SHALL APPLY TO ANY LOSS, DAMAGE, PERSONAL INJURY OR DEATH WHICH ARISES FROM THE PERFORMANCE OF THIS LEASE, AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF, INCLUDING STRICT LIABILITY, BREACH OF WARRANTY (EXPRESS OR IMPLIED), IMPERFECTION OF MATERIALS, CONDITION OF ANY SITE, OR THE NEGLIGENCE OF THE INDEMNITEE (OR RELEASED PARTY), WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE, AND WHETHER THE CLAIM THEREFOR IS BASED ON COMMON LAW, CIVIL LAW, MARITIME LAW, STATUTE OR CONTRACTUAL OBLIGATION BETWEEN THE INDEMNITEE AND A THIRD PARTY (b) NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE RELEASES OF LIABILITY AND INDEMNITIES CONTAINED IN SECTIONS 8.1 AND 8.2 SHALL NOT APPLY TO ANY CLAIM OR LIABILITY CAUSED BY THE GROSS NEGLIGENCE, MALICE OR WILLFUL MISCONDUCT OF THE INDEMNIFIED OR RELEASED PARTY AND FURTHER SHALL NOT IN ANY EVENT APPLY TO AWARDS OR ASSESSMENTS OF PUNITIVE DAMAGES.

Application of Indemnities. (a) THE PARTIES HEREBY EXPRESS THEIR INTENT PHRASE “REGARDLESS OF FAULT” SHALL, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED AND EXCLUDING GROSS NEGLIGENCE AND WILLFUL MISCONDUCT OF THE INDEMNITEE OR RELEASEE, MEAN THAT THE RELEASES SUCH EXCLUSIONS OF LIABILITY AND INDEMNITIES CONTAINED IN SECTIONS 8.1 AND 8.2 ABOVE BE LIBERALLY CONSTRUED. SUCH RELEASES OF LIABILITY RELEASES, DEFENSE OBLIGATIONS, AND INDEMNITIES HEREIN SHALL APPLY TO SUCH CLAIMS AND ANY LOSS, DAMAGE, PERSONAL INJURY EXPENSE, INJURY, ILLNESS OR DEATH WHICH ARISES FROM THE PERFORMANCE OF THIS LEASE, AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOFCAUSE(S) THEREOF INCLUDING, INCLUDING WITHOUT LIMITATION, STRICT LIABILITY, BREACH OF WARRANTY (EXPRESS ULTRAHAZARDOUS ACTIVITY, DEFECT OR IMPLIED), IMPERFECTION OF MATERIALS, “RUIN” OR OTHER CONDITION OF PREMISES, INCLUDING ANY SITECONDITIONS THAT PRE-EXIST THE EXECUTION OF THIS AGREEMENT, OR THE SOLE OR CONCURRENT NEGLIGENCE OF THE INDEMNITEE (OR RELEASED PARTY), WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE) OR OTHER FAULT OF THE INDEMNITEES AND RELEASEES, AND WHETHER THE CLAIM THEREFOR IS BASED ON COMMON LAW, CIVIL LAW, MARITIME LAW, STATUTE OR CONTRACTUAL OBLIGATION BETWEEN SHALL EXTEND TO LIABILITY ASSUMED BY THE INDEMNITEE AND A UNDER INDEMNITY PROVISIONS OF CONTRACTS WITH THIRD PARTY (b) NOTWITHSTANDING ANYTHING HEREIN TO PARTIES. HOWEVER, IN THE CONTRARYEVENT CONTRACTOR BREACHES ANY OF ITS REPRESENTATIONS OR WARRANTIES, THE RELEASES OF LIABILITY AND INDEMNITIES CONTAINED IN SECTIONS 8.1 AND 8.2 CONTRACTOR SHALL NOT APPLY BE ENTITLED TO ANY CLAIM OBTAIN DEFENSE OR LIABILITY CAUSED BY THE WILLFUL MISCONDUCT OF THE INDEMNIFIED OR RELEASED PARTY AND FURTHER SHALL NOT IN ANY EVENT APPLY TO AWARDS OR ASSESSMENTS OF PUNITIVE DAMAGESINDEMNITY FROM CITY.

Application of Indemnities. (a) In those matters in which a Party is required by this Agreement to RELEASE, DEFEND, PROTECT, INDEMNIFY, and HOLD HARMLESS the other Party and/or its Affiliates, SUCH OBLIGATIONS SHALL, EXCEPT TO THE PARTIES HEREBY EXPRESS THEIR INTENT THAT EXTENT EXPRESSLY PROVIDED OTHERWISE IN THE RELEASES OF LIABILITY AND INDEMNITIES CONTAINED IN SECTIONS 8.1 AND 8.2 ABOVE BE LIBERALLY CONSTRUED. SUCH RELEASES OF LIABILITY AND INDEMNITIES SHALL AGREEMENT, APPLY TO ANY LOSS, DAMAGE, PERSONAL INJURY OR DEATH WHICH ARISES FROM THE PERFORMANCE INDEMNITOR REGARDLESS OF THIS LEASE, AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOFREASON, OR WHO MAY BE AT FAULT OR OTHERWISE RESPONSIBLE UNDER ANY CONTRACT, STATUTE, RULE, OR THEORY OF LAW, INCLUDING THE STRICT LIABILITYLIABILITY AND THE SOLE, BREACH OF WARRANTY (EXPRESS OR IMPLIED), IMPERFECTION OF MATERIALS, CONDITION OF ANY SITEJOINT, OR THE CONCURRENT NEGLIGENCE OF THE INDEMNITEE (OR RELEASED PARTY)INDEMNITEE, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE, AND ANY LATENT, PATENT, OR PRE-EXISTING DEFECTS OR CONDITIONS, OR THE UNROADWORTHINESS OF ANY HYDROGEN FUEL CELL POWERED VEHICLE, AND EVEN THOUGH INDEMNITOR MAY BE PROTECTED FROM DIRECT SUIT BY STATE WORKERS’ COMPENSATION LAWS OR ANY OTHER WORKERS’ COMPENSATION LAWS; PROVIDED, HOWEVER, THAT NO INDEMNITOR UNDER THE AGREEMENT SHALL BE LIABLE TO AN INDEMNITEE TO THE EXTENT SUCH CLAIMS ARE CAUSED BY SUCH INDEMNITEE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. EXCEPT FOR INSTANCES OF A PARTY’S OR ITS AGENT’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, REGARDLESS OF THE FORM OF CLAIMS OR CAUSE OF ACTION, WHETHER THE CLAIM THEREFOR IS BASED ON COMMON LAWCONTRACT, CIVIL LAWWARRANTY, MARITIME LAWINFRINGEMENT, STATUTE TORT (INCLUDING NEGLIGENCE) OR CONTRACTUAL OBLIGATION BETWEEN OTHERWISE, NEITHER PARTY SHALL BE LIABLE UNDER OR RELATING TO THIS AGREEMENT FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, REGARDLESS OF HOW SUCH DAMAGES ARE CAUSED, INCLUDING THE INDEMNITEE SOLE, JOINT OR CONCURRENT NEGLIGENCE OF EITHER PARTY, AND A THIRD PARTY (b) NOTWITHSTANDING ANYTHING HEREIN TO EACH PARTY HEREBY WAIVES SUCH DAMAGES AND RELEASES THE CONTRARY, THE RELEASES OF LIABILITY AND INDEMNITIES CONTAINED IN SECTIONS 8.1 AND 8.2 SHALL NOT APPLY TO ANY CLAIM OR LIABILITY CAUSED BY THE WILLFUL MISCONDUCT OF THE INDEMNIFIED OR RELEASED OTHER PARTY AND FURTHER SHALL NOT IN ANY EVENT APPLY TO AWARDS OR ASSESSMENTS OF PUNITIVE FROM SUCH DAMAGES. 5.4.

Application of Indemnities. (a) EXCEPT TO THE PARTIES HEREBY EXPRESS THEIR INTENT THAT THE RELEASES EXTENT OTHERWISE EXPRESSLY PROVIDED HEREIN, ANY INDEMNITY GRANTED TO A PARTY IS GIVEN REGARDLESS OF LIABILITY AND INDEMNITIES CONTAINED IN SECTIONS 8.1 AND 8.2 ABOVE CAUSE INCLUDING WHO MAY BE LIBERALLY CONSTRUED. SUCH RELEASES AT FAULT OR OTHERWISE RESPONSIBLE UNDER ANY CONTRACT, STATUTE, RULE, OR THEORY OF LIABILITY AND INDEMNITIES SHALL APPLY TO ANY LOSS, DAMAGE, PERSONAL INJURY OR DEATH WHICH ARISES FROM THE PERFORMANCE OF THIS LEASELAW, AND INCLUDING WITHOUT REGARD TO LIMITATION, THE CAUSE SOLE, JOINT, OR CAUSES THEREOF, INCLUDING STRICT LIABILITY, BREACH OF WARRANTY (EXPRESS OR IMPLIED), IMPERFECTION OF MATERIALS, CONDITION CONCURRENT NEGLIGENCE OF ANY SITE, OR THE NEGLIGENCE OF THE INDEMNITEE (OR RELEASED PARTY)INDEMNITEE, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE, STRICT LIABILITY (INCLUDING UNSEAWORTHINESS), LATENT, PATENT, OR PRE-EXISTING DEFECTS OR CONDITIONS, AND WHETHER EVEN THOUGH THE CLAIM THEREFOR IS BASED ON COMMON LAWINDEMNITOR MAY BE PROTECTED FROM DIRECT SUIT BY STATE WORKERS COMPENSATION LAWS OR THE LONG SHORE AND HARBOR WORKERS’ COMPENSATION ACT OF THE UNITED STATES OR ANY OTHER WORKERS’ COMPENSATION LAWS, CIVIL LAWAND INCLUDING ANY CLAIMS ARISING OUT OF INGRESS, MARITIME LAWEGRESS, STATUTE LOADING AND UNLOADING OF PERSONNEL OR CONTRACTUAL OBLIGATION BETWEEN THE INDEMNITEE AND A THIRD PARTY (b) NOTWITHSTANDING ANYTHING HEREIN CARGO. PROVIDED THAT, NO INDEMNIFYING PARTY UNDER THIS EXHIBIT SHALL BE LIABLE TO AN INDEMNIFIED PARTY TO THE CONTRARY, EXTENT OF CLAIMS CAUSED SOLELY BY THE RELEASES OF LIABILITY AND INDEMNIFIED PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE INDEMNITIES CONTAINED IN SECTIONS 8.1 HEREIN SHALL ONLY APPLY WITH RESPECT TO CLAIMS ARISING OUT OF THIS EXHIBIT. BOTH PARTIES ACKNOWLEDGE THAT THIS STATEMENT IS CONSPICUOUS AND 8.2 SHALL NOT APPLY TO ANY CLAIM OR LIABILITY CAUSED BY THE WILLFUL MISCONDUCT OF THE INDEMNIFIED OR RELEASED PARTY AFFORDS FAIR AND FURTHER SHALL NOT IN ANY EVENT APPLY TO AWARDS OR ASSESSMENTS OF PUNITIVE DAMAGESADEQUATE NOTICE.