Common use of CONTRACTOR SHALL INDEMNIFY AND DEFEND Clause in Contracts

CONTRACTOR SHALL INDEMNIFY AND DEFEND. COUNTY AGAINST ALL LOSSES, LIABILITIES, CLAIMS, CAUSES OF ACTION, AND OTHER EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES, ARISING FROM ANY CLAIM BY A THIRD PARTY TO THE EXTENT CAUSED BY ACTIVITIES OF CONTRACTOR, ITS AGENTS, SERVANTS OR EMPLOYEES, PERFORMED UNDER THIS AGREEMENT THAT RESULT FROM THE NEGLIGENT ACT, ERROR, OR OMISSION OF CONTRACTOR OR ANY OF CONTRACTOR’S AGENTS, SERVANTS OR EMPLOYEES, PROVIDED THAT COUNTY PROVIDES CONTRACTOR PROMPT WRITTEN NOTICE OF SAME, THAT CONTRACTOR SHALL HAVE SOLE CONTROL OF THE DEFENSE OF SAME (WITH COUNTY HAVING THE RIGHT TO PARTICIPATE IN SUCH DEFENSE WITH COUNSEL OF ITS OWN CHOOSING AT COUNTY’S SOLE EXPENSE), AND THAT COUNTY PROVIDES ALL INFORMATION, MATERIALS, AND SUPPORT REASONABLY REQUESTED BY CONTRACTOR IN CONDUCTING SUCH DEFENSE. THE PARTIES AGREE THAT THIS INDEMNIFICATION PROVISION SHALL APPLY DURING THE PERFORMANCE OF SERVICES AS WELL AS DURING THE PERORMANCE OF ANY CONTINUING OBLIGATIONS THAT MAY EXIST (IF ANY) AFTER THE EXPIRATION OF THIS AGREEMENT.