Broker Indemnity. (i) Broker agrees to indemnify and hold harmless Paragon, its subsidiaries, successors and assigns, and the directors, officers, and employees of any of them (collectively the “Paragon Indemnitees”), against and in respect of any and all claims, demands, actions, proceedings, liability, losses, damages, judgments, costs and expenses, including, without limitation, attorneys’ fees, disbursements, and court costs, and any loss in excess of policy limits, as well as extra-contractual obligations, including but not limited to punitive, exemplary, or compensatory damages, suffered, made or instituted against or incurred by the Paragon Indemnitees, or any of them, and which directly or indirectly arise out of or relate to any negligent act, error, omission, intentional misconduct or unauthorized transaction of the Broker or its employees or representatives, in discharging its obligations to Paragon under this Agreement, including, but not limited to, knowingly providing invalid information to Paragon. (ii) Broker further agrees to indemnify the Paragon Indemnitees against any fines levied against, or expenses incurred by, Paragon or any carrier, as a result of: (a) business submitted by an unlicensed producer; (b) the failure of the Broker to comply with any applicable duties and obligations under the Xxxxx-Xxxxx-Xxxxxx Act or any state law implementing the same; (c) the failure of the Broker to comply with privacy policies and practices of any carrier once it has been notified of such policies and practices; or (d) the failure of the Broker to comply with all other applicable privacy, confidentiality, and security related laws, anti-terrorism and money laundering laws, abandoned/ unclaimed property laws and all laws applicable to or which otherwise affect binders, policies and other documents issued pursuant to this Agreement. (iii) Paragon agrees to indemnify and hold harmless the Broker, its subsidiaries, successors and assigns, and the directors, officers, and employees of any of them (collectively “Broker Indemnitees”), against and in respect of any and all claims (not including claims made under any policy issued in accordance with this Agreement), demands, actions, proceedings, liability, losses, damages (except consequential damages), judgments, costs and expenses, including, without limitation, attorneys’ fees, disbursements, and court costs, and any loss in excess of policy limits, as well as extra- contractual obligations, including but not limited to punitive, exemplary, or compensatory damages, suffered, made or instituted against or incurred by the Broker Indemnitees, or any of them, and which directly or indirectly arise out of or relate to negligence of Paragon or its employees or representatives, in discharging its obligations to the Broker under this Agreement.
Appears in 2 contracts
Samples: Brokerage Agreement, Brokerage Agreement
Broker Indemnity. (ia) Broker agrees to indemnify and hold harmless ParagonICC, its subsidiaries, successors and assigns, and the directors, officers, and employees of any of them (collectively the “Paragon ICC Indemnitees”), against and in respect of any and all claims, demands, actions, proceedings, liability, losses, damages, judgments, costs and expenses, including, without limitation, attorneys’ fees, disbursements, and court costs, and any loss in excess of policy limits, as well as extra-extra- contractual obligations, including but not limited to punitive, exemplary, or compensatory damages, suffered, made or instituted against or incurred by the Paragon ICC Indemnitees, or any of them, and which directly or indirectly arise out of or relate to any negligent act, error, omission, intentional negligence or other misconduct or unauthorized transaction of the Broker or its employees or representatives, in discharging its obligations to Paragon under this Agreement, including, but not limited to, knowingly providing invalid information to ParagonICC.
(iib) Broker further agrees to indemnify the Paragon ICC Indemnitees against any fines levied against, or expenses incurred by, Paragon ICC or any carrier, as a result of: (a) business submitted by an unlicensed producer; (b) the failure of the Broker to comply with any applicable duties and obligations under the federal Xxxxx-Xxxxx-Xxxxxx Act or any state law implementing the same; (c) the failure of the Broker to comply with privacy policies and practices of any carrier once it has been notified of such policies and practices; or (d) the failure of the Broker to comply with all other applicable privacy, confidentiality, and security related laws, anti-terrorism and anti-money laundering laws, abandoned/ unclaimed property laws and all laws applicable to or which otherwise affect binders, policies and other documents issued pursuant to this Agreement.
(iiic) Paragon ICC agrees to indemnify and hold harmless the Broker, its subsidiaries, successors and assigns, and the directors, officers, and employees of any of them (collectively “Broker Indemnitees”), against and in respect of any and all claims (not including claims made under any policy issued in accordance with this Agreement), demands, actions, proceedings, liability, losses, damages (except consequential damages), judgments, costs and expenses, including, without limitation, attorneys’ fees, disbursements, and court costs, and any loss in excess of policy limits, as well as extra- contractual obligations, including but not limited to punitive, exemplary, or compensatory damages, suffered, made or instituted against or incurred by the Broker Indemnitees, or any of them, and which directly or indirectly arise out of or relate to negligence or other misconduct of Paragon ICC or its employees or representatives, in discharging its obligations to the Broker under this Agreement.
Appears in 1 contract
Samples: Brokerage Agreement
Broker Indemnity. (i) Broker Xxxxxx agrees to indemnify and hold harmless Paragon, its subsidiaries, successors and assigns, and the directors, officers, and employees of any of them (collectively the “Paragon Indemnitees”), against and in respect of any and all claims, demands, actions, proceedings, liability, losses, damages, judgments, costs and expenses, including, without limitation, attorneys’ fees, disbursements, and court costs, and any loss in excess of policy limits, as well as extra-contractual obligations, including but not limited to punitive, exemplary, or compensatory damages, suffered, made or instituted against or incurred by the Paragon Indemnitees, or any of them, and which directly or indirectly arise out of or relate to any negligent act, error, omission, intentional misconduct or unauthorized transaction of the Broker or its employees or representatives, in discharging its obligations to Paragon under this Agreement, including, but not limited to, knowingly providing invalid information to Paragon.
(ii) Broker further agrees to indemnify the Paragon Indemnitees against any fines levied against, or expenses incurred by, Paragon or any carrier, as a result of: (a) business submitted by an unlicensed producer; (b) the failure of the Broker to comply with any applicable duties and obligations under the Xxxxx-Xxxxx-Xxxxxx Act or any state law implementing the same; (c) the failure of the Broker to comply with privacy policies and practices of any carrier once it has been notified of such policies and practices; or (d) the failure of the Broker to comply with all other applicable privacy, confidentiality, and security related laws, anti-terrorism and money laundering laws, abandoned/ unclaimed property laws and all laws applicable to or which otherwise affect binders, policies and other documents issued pursuant to this Agreement.
(iii) Paragon agrees to indemnify and hold harmless the Broker, its subsidiaries, successors and assigns, and the directors, officers, and employees of any of them (collectively “Broker Indemnitees”), against and in respect of any and all claims (not including claims made under any policy issued in accordance with this Agreement), demands, actions, proceedings, liability, losses, damages (except consequential damages), judgments, costs and expenses, including, without limitation, attorneys’ fees, disbursements, and court costs, and any loss in excess of policy limits, as well as extra- contractual obligations, including but not limited to punitive, exemplary, or compensatory damages, suffered, made or instituted against or incurred by the Broker Indemnitees, or any of them, and which directly or indirectly arise out of or relate to negligence of Paragon or its employees or representatives, in discharging its obligations to the Broker under this Agreement.
Appears in 1 contract
Samples: Brokerage Agreement