Common use of Contractor’s Equipment Clause in Contracts

Contractor’s Equipment. “AS IS and SOLE RISK” In the event that Subcontractor by rental, loan or otherwise, makes use of any of Owner’s or Contractor’s equipment, scaffolding or other appliances, whether the same is owned, rented, leased or otherwise, by Owner or Contractor, Subcontractor represents that the person(s) using such items is/are properly trained and, if necessary, licensed, to use such items and agrees to (i) accept such items in their “AS IS” condition, (ii) use such items at the sole risk of Subcontractor, and (iii) defend, hold harmless and indemnify Contractor and its officers, directors, employees, insurers, agents, successors and assigns against all claims, fines, penalties, damages, losses and expenses, including attorney fees, of every nature of every kind arising from Subcontractor’s use thereof.