Common use of Contractor's Indemnification of the Authority Clause in Contracts

Contractor's Indemnification of the Authority. In addition to any other indemnities in this Contract, the Contractor shall defend, indemnify, release, and hold harmless the Authority, its officers, agents and employees, successors and assigns from any and all responsibilities, damages, claims, penalties, orders, decrees, fines, liabilities, costs, expenditures, attorney's fees, litigation expenses, and court costs relating to the Contractor liabilities and responsibilities referred to this Article 9. It is expressly agreed that the foregoing indemnity (1) shall be subject to the Contractor being given notice of and a reasonable opportunity to respond, to negotiate or defend any matter covered by indemnity; (2) shall not be applicable to any loss, claim, damage, or liability arising out of any contractual obligations to any third party which the Authority may assume; (3) shall not be applicable to any damages or losses arising from loss of profits or business opportunity, or any other special or consequential damages, nor shall it be applicable to any attorney’s fees or any fines or penalties levied upon the Authority; (4) shall be applicable only to leaks, spills, or discharges which result in a level of contamination exceeding the standards required by the applicable authorities as of the date of the Contractor’s final date of occupancy of the Premises; and (5) shall inure only to the benefit of the Authority, and not to any subsequent purchasers, assigns or successors of either, or to any person or entity. In the event the indemnity set forth in Article 8 conflicts with the foregoing indemnity, the foregoing indemnity shall govern the Contractor’s indemnification obligations for matters arising under Article 9 of the Contract.

Contractor's Indemnification of the Authority. In addition to any other indemnities in this Contract, the Contractor shall defend, indemnify, release, release and hold harmless the Authority, its officers, agents and employees, successors and assigns from any and all responsibilities, damages, claims, penalties, orders, decrees, fines, liabilities, costs, expenditures, attorney's fees, litigation expenses, expenses and court costs relating to the Contractor Contractor’s liabilities and responsibilities referred to in Section 9.03 above or elsewhere in this Article 9. It is expressly agreed that the foregoing indemnity (1) shall be subject to the Contractor being given notice of and a reasonable opportunity to respond, to negotiate or defend any matter covered by indemnity; (2) shall not be applicable to any loss, claim, damage, damage or liability arising out of any contractual obligations to any third party which the Authority may assume; (3) shall not be applicable to any loss, claim, damage or liability due to environmental contamination caused by the Authority or by any third party that is not an agent, employee, supplier, or subcontractor of the Contractor; (4) shall not be applicable to any damages or losses arising from loss of profits or business opportunity, or any other special or consequential damages, nor shall it be applicable to any attorney’s fees or any fines or penalties levied upon the Authority; (45) shall be applicable only to leaks, spills, or discharges which result in a level of contamination exceeding the standards required by the applicable authorities as of the date of the Contractor’s final date of initial occupancy of the Premises; and (56) shall inure only to the benefit of the Authority, and not to any subsequent purchasers, assigns or successors of either, or to any person or entity. In the event the indemnity set forth in Article 8 Section 8.01 conflicts with the foregoing indemnity, the foregoing indemnity shall govern the Contractor’s indemnification obligations for matters arising under Article 9 of the Contract.