CM Indemnity of District. The CM shall indemnify, defend and hold harmless the Indemnified Parties from all claims, demands, liabilities, actions and causes of action, including without limitation, claims for bodily injury, death, physical property damage and demands, losses, liabilities or other claims arising out of: (i) the CM’s services hereunder; or (ii) the negligent, grossly negligent or willful acts, omissions or other conduct of CM, the employees, agents or representatives of the CM, a Sub-Consultant to the CM or the employees, agents or representatives of a Sub-Consultant. The Indemnified Parties are: the District, the District’s Board of Trustees and each individual member thereof and the employees, officers, agents and representatives of the District. The CM’s obligations hereunder include without limitation, costs and fees incurred by the Indemnified Parties including attorneys’ fees. The CM’s obligations hereunder shall survive termination of this Agreement and the completion of Basic Services for an Assigned Project, until barred by the applicable statute of limitations.
CM Indemnity of District. CM shall indemnify, defend and hold harmless the Indemnified Parties from all claims, demands, liabilities, actions and causes of action arising out of this Agreement, including without limitation, claims for bodily injury, death, physical property damage (other than to the work of the PROJECT itself and property damage covered by a Builders Risk Insurance obtained by the Contractor) and demands, losses, liabilities or other claims arising out of CM’s services hereunder or the negligent, willful acts omissions. The Indemnified Parties are: the DISTRICT, the DISTRICT’s Board of Trustees and each individual member thereof and the employees, officers, agents and representatives of the DISTRICT. The CM’s obligations hereunder shall survive termination of this Agreement and the completion of obligations hereunder, until barred by the applicable statute of limitations.
CM Indemnity of District. To the fullest extent permitted by law, CM shall indemnify, defend and hold harmless the District, its employees, agents, consultants, and board members from all claims arising out of this Agreement, including without limitation, claims for bodily injury, death, physical property damage (other than to the work of the Project itself and property damage covered by Builders Risk Insurance) and demands, losses, liabilities or other claims of third parties to the extent arising out of, in whole or in part, this Agreement or CM’s services hereunder or the negligent or willful acts omissions or other conduct of CM. The foregoing shall include without limitation, attorneys fees, experts fees and costs, investigation expenses and costs incurred by the District, and any defense afforded pursuant to this paragraph shall be provided by counsel acceptable to the District. The CM’s obligations hereunder are not limited in any way or by any limitation on the amount or type of damages or compensation payable to the CM under applicable policies of insurance, workers’ compensation acts, disability benefits acts, or other employee benefits acts. The provisions of this paragraph shall apply during the period of CM’s performance under this Agreement and shall survive the termination of this Agreement until any such claim, demand, loss, responsibility or liability covered by the provisions hereof is barred by the applicable Statute of Limitations.
CM Indemnity of District. To the extent permitted by law, CM shall indemnify, defend and hold harmless the District from all claims arising out of this Agreement and arising out of the CM’s negligence or willful misconduct, including without limitation, claims for bodily injury, death, physical property damage (other than to the work of the Project itself and property damage covered by Builders Risk Insurance) and demands, losses, liabilities or other claims of third parties arising out of the CM’s negligence or willful misconduct. The foregoing shall include without limitation, attorneys fees, experts fees and costs, investigation expenses and costs incurred by the District, and any defense afforded pursuant to this paragraph shall be provided by counsel acceptable to the District. The CM’s obligations hereunder are not limited in any way or by any limitation on the amount or type of damages or compensation payable to the CM. The provisions of this paragraph shall apply during the period of CM’s performance under this Agreement and shall survive the termination of this Agreement until any such claim, demand, loss, responsibility or liability covered by the provisions hereof is barred by the applicable Statute of Limitations. The District shall include in all Contract Documents a requirement that Contractor(s) shall indemnify CM to the same extent that Contractor(s) are indemnifying the District.
