Common use of Architect Indemnification Clause in Contracts

Architect Indemnification. To the fullest extent permitted by law, including Califor- nia Civil Code section 2782.8, the Architect shall defend, indemnify, and hold harmless the District, the governing Board of the District, each member of the Board, and their officers, agents and employees (“District Indemnitees”) against claims arising out of, pertaining to, or relating to negligence, recklessness or willful misconduct of the Architect, the Architect's officers, employees, or consultants in performing or failing to perform any work, services, or functions provided for, referred to, or in any way connected with any work, services, or func- tions to be performed under this Agreement. The Architect’s defense obligation shall include but not be limited to (a) provision of a full and complete defense of the District Indemnitees by an attorney chosen or approved by the District, and (b) payment of the District’s attorneys’ fees, experts’ fees, and all other litigation costs incurred in the District’s defense (“Defense Costs”) within thirty (30) days of Archi- tect’s receipt of each invoice for such Defense Costs. After conclusion of the action against the District Indemnitees (including all appeals), the District shall reimburse Architect for the portion of the Defense Costs proportionate to the percentage of fault of parties other than the Architect (“Other Parties”) for the amounts paid or owed to the third party by the Dis- trict Indemnitees, but this duty of reimbursement shall only be owed by the District if there are specific findings in a settlement agreement, arbitration award, or verdict as to the Other Parties’ percentage of fault, and the Architect’s percentage of fault, for those amounts paid or owed to the third party. If one or more defendants is/are unable to pay its/their share of Defense Costs due to bankruptcy or dissolution of the business, the Architect shall meet and confer with other parties regarding unpaid Defense Costs.

Architect Indemnification. To the fullest extent permitted by law, including Califor- nia Civil Code section 2782.8, the Architect shall defend, indemnify, and hold harmless the DistrictSCOE, the governing Board of the DistrictSCOE, each member of the Board, and their officers, agents and employees (“District SCOE Indemnitees”) against claims arising to the extent that they arise out of, pertaining pertain to, or relating relate to negligence, recklessness or willful misconduct of the Architect, or the Architect's officers, employees, or consultants consultants, in performing or failing to perform any work, services, or functions provided for, referred to, or in any way connected with any work, services, or func- tions functions to be performed under this Agreement. The Architect’s defense obligation shall include but not be limited to (a) provision of a full and complete defense of the District SCOE Indemnitees by an attorney chosen or approved by the DistrictSCOE, and (b) payment of the DistrictSCOE’s attorneys’ fees, experts’ fees, and all other litigation costs incurred in the DistrictSCOE’s defense (“Defense Costs”) within thirty (30) days of Archi- tectArchitect’s receipt of each invoice for such Defense Costs. After conclusion of the action against the District SCOE Indemnitees (including all appeals), the District SCOE shall reimburse Architect for the portion por- tion of the Defense Costs proportionate to the percentage of fault of parties other than the Architect (“Other Parties”) for the amounts paid or owed to the third party by the Dis- trict SCOE Indemnitees, but this duty of reimbursement shall only be owed by the District SCOE if there are specific findings in a settlement agreement, arbitration award, or verdict as to the Other Parties’ percentage of fault, and the Architect’s percentage of fault, for those amounts paid or owed to the third party. If one or more defendants is/are unable to pay its/their share of Defense Costs due to bankruptcy or dissolution of the business, the Architect shall meet and confer with other parties regarding unpaid Defense Costs.