Common use of CONTRACTOR’S INDEMNITY OBLIGATIONS Clause in Contracts

CONTRACTOR’S INDEMNITY OBLIGATIONS. CONTRACTOR SHALL DEFEND, INDEMNIFY, HOLD HARMLESS AND RELEASE COMPANY 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 COMPANY GROUP AS A RESULT OF SUCH CLAIMS, DEMANDS, OR SUITS BROUGHT OR ASSERTED AGAINST COMPANY GROUP BY ANY PARTY WHOMSOEVER, INCLUDING ANY THIRD PARTY TO WHOM COMPANY 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 (k) 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 COMPANY 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) Personal injury to, bodily injury to, emotional or psychological injury to, property or wage loss, benefits loss, or illness or death of Contractor or Contractor’s employees, invitees and Subcontractors and such Subcontractors’ employees or invitees (including, without limitation, all costs and expenses associated with medical evacuation of and/or emergency medical services provided to such persons), even though Contractor and its Subcontractors may be protected from direct suit by any workers’ compensation laws; (b) Personal injury to, bodily injury to, emotional or psychological injury to, property or wage loss, benefits loss, or illness or death of the Company Group members and their respective employees, invitees, subcontractors and suppliers and such persons’ employees and invitees (including, without limitation, all costs and expenses associated with medical evacuation of and/or emergency medical services provided to such persons), to the extent caused by the gross negligence or willful misconduct of Contractor, any Subcontractor or any of their respective agents, directors, officers, employees, members or managers; (c) Except as provided for in Section IV.D.2(c) and (h), damage to or loss of any property or equipment owned, leased, or provided by Contractor, or Contractor’s employees, invitees and Subcontractors and such Subcontractors’ employees or invitees; (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, to the extent caused by the gross negligence or willful misconduct of Contractor, any Subcontractor or any of their respective agents, directors, officers, employees, members or managers; (e) Liabilities, costs, expenses, penalties and fines arising from or caused by any pollution or any spills or releases of pollutants or contaminants from any property or equipment owned, leased or provided by Contractor, including costs of cleanup of same; (f) Consequential damages (including but not limited to lost profits, lost business opportunities, damages for failure to meet deadlines and loss of use of equipment) sustained by Contractor; (g) Taxes (including state and federal payroll and employment taxes), fines, penalties and other assessments made against Contractor’s property or arising out of Contractor’s operations for Company; (h) Any loss or claim for infringement of any patent, license, trade secret and/or intellectual property arising out of the Work or the materials, plans, processes, compositions, or equipment made, used, furnished or supplied by Contractor; (i) Liens asserted against Company property by Subcontractors; (j) 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 Contractor Group or any Subcontractor; and (k) Any claim for damages, discrimination, harassment or loss by personnel furnished by Contractor or its Subcontractors, 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 Contractor or its Subcontractors.