City Held Harmless. 11.1. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City and any and all of City’s Boards, officers, agents, employees, assigns and successors in interest from and against any and all suits, claims, causes of action, liability, losses, damages, demands or expenses (including, but not limited to, attorney’s fees and costs of litigation), claimed by anyone (including Consultant and/or Consultant’s agents or employees) by reason of injury to, or death of, any person(s) (including Consultant and/or Consultant’s agents or employees), or for damage to, or destruction of, any property (including property of Consultant and/or Consultant’s agents or employees) or for any and all other losses, founded upon or alleged to arise out of, pertain to, or relate to the Consultant’s and/or Sub-Consultant’s performance of the Contract, whether or not contributed to by any act or omission of City, or of any of City’s Boards, officers, agents or employees; Provided, however, that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from or relate to Consultant's performance of a "Construction Contract” as defined by California Civil Code section 2783, this paragraph shall not be construed to require Consultant to indemnify or hold City harmless to the extent such suits, causes of action, claims, losses, demands and expenses are caused by the City's sole negligence, willful misconduct or active negligence; Provided further that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from Consultant’s design professional services as defined by California Civil Code section 2782.8, Consultant’s indemnity obligations shall be limited to allegations, suits, claims, causes of action, liability, losses, damages, demands or expenses arising out of, pertaining to, or relating to the Consultant’s negligence, recklessness or willful misconduct in the performance of the Contract.
City Held Harmless. The County shall indemnify and hold harmless the City and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the County, its officers, agents, and employees, or any of them relating to or arising out of performing services pursuant to this agreement. In the event that any such suit based upon such a claim, action, loss, or damages is brought against the City, the County shall defend the same at its sole cost and expense; provided that the City reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against the City, and its officers, agents, and employees, or any of them, or jointly against the City and the County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same.
City Held Harmless. Subject to the limits of the Oregon Tort Claims Act and the Oregon Constitution, the County shall indemnify and hold harmless the City and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any act or omission of the County, its officers, agents, and employees, or any of them relating to or arising out of performing services pursuant to this agreement. In the event that any such suit based upon such a claim, action, loss, or damages is brought against the City, the County shall defend the same at its sole cost and expense; provided that the City reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against the City, and its officers, agents, and employees, or any of them, or jointly against the City and the County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same.
City Held Harmless. 13.2.1 In addition to the requirements of Section 13.4 herein, Concessionaire shall indemnify, defend, keep and hold City and City Agents harmless from and against any and all Claims claimed by anyone by reason of injury to or death of persons, including Concessionaire or any of the Concessionaire Parties, or damage to or destruction of property, including property of Concessionaire or any of the Concessionaire Parties, sustained in, or about the Premises or Airport, arising out of the use and occupancy of the Premises or the Airport by Concessionaire or any of the Concessionaire Parties, or arising out of the acts or omissions of Concessionaire or any of the Concessionaire Parties.
City Held Harmless. 12.1. In addition to the requirements of Section 11 Insurance herein, Licensee shall indemnify, defend, keep, and hold City, including Board, and City's officers, agents, servants, and employees, harmless from any and all costs, liability, damage, or expense (including costs of suit and fees and reasonable expenses of legal services) claimed by anyone by reason of injury to or death of persons, including Licensee, or damage to or destruction of property, including property of Lessee, sustained in, on, or about the Airport, or arising out of Licensee's use or occupancy thereof, Licensee’s use or occupancy of any other area of Airport, or arising out of the acts or omissions of Licensee, its agents, servants, or employees acting within the scope of their agency or employment.
City Held Harmless. In addition to the provisions of Section 8 herein, Licensee shall indemnify, defend, keep, and hold City, including Board, and City’s officers, agents, servants, and employees, harmless from any and all costs, liability, damage, or expense (including costs of suit and fees and reasonable expenses of legal services) claimed by anyone by reason of injury to or death of persons, including Licensee, damage to or destruction of property, including property of Licensee, sustained in, on, or about the Airport or arising out of Licensee’s use or occupancy of Airport or arising out of the acts or omissions of Licensee, its agents, servants, or employees acting within the scope of their agency or employment.
City Held Harmless. The Company shall indemnify, defend and hold the City harmless from and against claims, demands, liens and all liability or damage of whatsoever kind directly arising from the operations of the Company within the City and the Company’s exercise of the rights under this Franchise, and shall pay the costs of defense plus reasonable attorneys' fees. The City shall (a) give prompt written notice to the Company of any claim, demand or lien with respect to which the City seeks indemnification hereunder and (b) unless in the City's judgment a conflict of interest may exist between the City and the Company with respect to such claim, demand or lien, shall permit the Company to assume the defense of such claim, demand, or lien with counsel satisfactory to the City. If such defense is assumed by the Company, the Company shall not be subject to liability for any settlement made without its consent. If such defense is not assumed by the Company or if the City determines that a conflict of interest exists, the parties reserve all rights to seek all remedies available in this Franchise against each other. Notwithstanding any provision hereof to the contrary, the Company shall not be obligated to indemnify, defend or hold the City harmless to the extent any claim, demand or lien arises out of or in connection with any negligent or intentional act or failure to act of the City or any of its officers, employees, contractors, or agents.
City Held Harmless. 5.01 To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City and any and all of City’s Boards, officers, agents, employees, assigns and successors in interest from and against any and all suits, claims, causes of action, liability, losses, damages, demands or expenses (including, but not limited to, attorney’s fees and costs of litigation), claimed by anyone (including Contractor and/or Contractor’s agents or employees) by reason of injury to, or death of, any person(s) (including Contractor and/or Contractor’s agents or employees), or for damage to, or destruction of, any property (including property of Contractor and/or Contractor’s agents or employees) or for any and all other losses alleged to arise out of, pertain to, or relate to the Contractor’s and/or Sub-Contractor’s performance of the Service Agreement, whether or not contributed to by any act or omission of City, or of any of City’s Boards, officers, agents or employees; Provided, however, that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from or relate to Contractor’s performance of a “Construction Contract” as defined by California Civil Code section 2783, this paragraph shall not be construed to require Contractor to indemnify or hold City harmless to the extent such suits, causes of action, claims, losses, demands and expenses are caused by the City’s sole negligence, willful misconduct or active negligence.
City Held Harmless. 8.1 In addition to the requirements of Section 25, Insurance herein, Contractor shall, to the fullest extent permitted by law, defend, indemnify and hold harmless City and any and all of its boards, commissioners, officers, directors, agents, employees, assigns and successors in interest (collectively “City Defendants”) from and against any and all allegations, suits, proceedings, claims, causes of action, liability, losses, damages, demands or expenses (including, but not limited to, attorney’s fees and costs of litigation) (collectively “Claims”), prosecuted by anyone (including Contractor and/or Contractor’s agents, former and current employees, or competitors) by reason of, arising out of, related to, connected with or pertaining to (1) injury to, or death of, any person(s) (including Contractor and/or Contractor’s agents or employees), or (2) damage to, or destruction of, any property (including property of Contractor and/or Contractor’s agents or employees), or (3) Contractor’s (and/or its employees’ or agents’) and/or Sub Contractor’s (and/or its employees’ or agents’) performance of the Contract, or (4) City’s selection of Contractor over its competitors as the awardee of this Contract; whether or not contributed to by any act or omission of City, or of any of City’s Boards, officers, agents or employees. If applicable, (a) where such Claims arise from or relate to Contractor’s performance of a “Construction Contract” as defined by California Civil Code Section 2783, this paragraph shall not be construed to require Contractor to indemnify or hold City harmless to the extent such Claims are caused by the City’s sole negligence, willful misconduct or active negligence; and/or
City Held Harmless. Subject to the limits of the Oregon Tort Claims Act and the Oregon Constitution, the County shall indemnify and hold harmless the City and its officers, agents, elected officials, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any act or omission of the County, its officers, agents, and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any such suit based upon such a claim, action, loss, or damages is brought against the City, the County shall defend the same at its sole cost and expense; provided that the City reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against the City, and its officers, agents, and employees, or any of them, or jointly against the City and the County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. County is self-insured and maintains excess liability insurance coverage in an amount not less than two million dollars ($2,000,000) and will name City as an additional insured County agrees to fully indemnify and defend City, its officers, employees, and assigns against any action, suit or proceeding against the City, its officers, employees and assigns arising out of any act or omission of County or the County’s agents or employees prior to the implementation date of this Agreement provided however that this provision shall not apply to any cases where City or City employees are named in the action as a result of their own acts or omissions
