Common use of Company’s Indemnity Obligations Clause in Contracts

Company’s Indemnity Obligations. COMPANY SHALL DEFEND, INDEMNIFY, HOLD HARMLESS AND RELEASE CONTRACTOR GROUP FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, DEMANDS, CAUSES OF ACTION, SUITS, AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS AND ATTORNEYS’ FEES WHICH MAY BE INCURRED BY CONTRACTOR GROUP AS A RESULT OF SUCH CLAIMS, DEMANDS, OR SUITS BROUGHT OR ASSERTED AGAINST CONTRACTOR GROUP BY ANY PARTY WHOMSOEVER, INCLUDING ANY THIRD PARTY TO WHOM CONTRACTOR GROUP IS OBLIGATED TO PROVIDE INDEMNITY BY CONTRACT OR OTHERWISE, ARISING FROM ANY CLAIM OF LOSS, DAMAGE, INJURY, ILLNESS OR DEATH DESCRIBED IN SUBPARAGRAPHS (a) THROUGH (j) BELOW, REGARDLESS (EXCEPT AS EXPRESSLY PROVIDED HEREIN) OF (I) WHO MAY BE AT FAULT OR OTHERWISE RESPONSIBLE UNDER ANY OTHER CONTRACT, OR (II) ANY STATUTE, RULE OR THEORY OF LAW, INCLUDING BUT NOT LIMITED TO THEORIES OF STRICT OR STATUTORY LIABILITY OR THE UNSEAWORTHINESS OR UNAIRWORTHINESS OF ANY VESSEL OR AIRCRAFT, AND EVEN THOUGH THE SUBJECT LOSS, DAMAGE, INJURY, ILLNESS OR DEATH MAY HAVE BEEN CAUSED IN WHOLE OR IN PART BY: (1) THE SOLE, CONCURRENT, ACTIVE, PASSIVE OR OTHER NEGLIGENCE OR FAULT OF CONTRACTOR GROUP OR A THIRD PARTY OR (2) A DEFECT IN ANY PROPERTY OR EQUIPMENT OF EITHER PARTY, INCLUDING BUT NOT LIMITED TO THOSE DEFECTS PRE-EXISTING THE EFFECTIVE DATE OF THIS AGREEMENT. (a) Except as set forth in Section IV.D.1(b), personal injury to, bodily injury to, emotional or psychological injury to, property or wage loss, benefits loss, or illness or death of Company or Company’s employees and/or invitees (including, without limitation, all costs and expenses associated with medical evacuation of and/or emergency medical services provided to such employees), even though Company may be protected from direct suit by any workers’ compensation laws; (b) Except as set forth in Section IV.D.1(d), damage to or loss of any property or equipment owned, leased, or provided by Company, or Company’s employees, invitees, contractors and subcontractors (excluding Contractor and its Subcontractors), and such contractors’ and subcontractors’ employees or invitees; (c) Damage to or loss of any property or equipment owned, leased, or provided by Contractor, or Contractor’s employees, invitees, contractors and subcontractors, and such contractors’ and subcontractors’ employees or invitees, to the extent caused by the gross negligence or willful misconduct of Company or its agents, directors, officers, employees, members or managers; (d) Except as provided for in Section IV.D.1(e) above, liabilities, costs, expenses, penalties and/or fines arising from any pollution or any spills or releases of pollutants and/or contaminants from Company xxxxx or pollution from Company-owned property or equipment, including costs of cleanup of same; (e) Consequential damages (including but not limited to lost profits, lost business opportunities and damages for failure to meet deadlines and/or loss of use of equipment) sustained by Company; (f) Except as provided for in Section IV.D.1(g) above, taxes, fines, penalties and other assessments made against Company property or arising out of Company operations; (g) Reservoir damage, loss of hole, costs and expenses in bringing the well under control, except when caused by the gross negligence or willful misconduct of Contractor; (h) Unless otherwise agreed to in a separate written agreement between Company and Contractor, damage to or loss of Contractor’s in-hole equipment when same is in the hole (except for that which is caused by normal wear and tear); (i) Any claim for damages or loss by a third party sustained or alleged to arise out of or incident to any Work performed hereunder to the extent, and in the proportion that, such claim is attributable to the negligence, gross negligence or willful misconduct of Company Group; and (j) Any claim for damages, discrimination, harassment, or loss by personnel furnished by Company, arising out of or in connection with any work performed or to be performed by Contractor hereunder, as well as any such claims arising out of or in connection with the presence of personnel furnished by Company.