Common use of Contractor’s Indemnity Clause in Contracts

Contractor’s Indemnity. Subject to Section 16.3, the Contractor shall indemnify and hold harmless the Province and its officials and employees against all damages, losses and costs, including third party claims (and including the reasonable cost of defending third party claims, on a solicitor and client basis), arising from: (a) the Contractor’s breach of any provision of this Agreement; (b) the negligence or other tortious conduct of the Contractor or any official, employee, agent or subcontractor of the Contractor in relation to the Project or the O&M; or (c) any third party claim alleging infringement by the Contractor or its subcontractors, in relation to the Project or the O&M, of any intellectual property rights of third parties.

Appears in 3 contracts

Samples: Design, Build, Finance and Operate Agreement, Design, Build, Finance and Operate Agreement, Design, Build, Finance and Operate Agreement

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Contractor’s Indemnity. Subject to Section 16.3, the Contractor shall indemnify and hold harmless the Province and its officials and employees against all damages, losses and costs, including third party claims (and including the reasonable cost of defending third party claims, on a solicitor and client basis), arising from: (a) the Contractor’s breach of any provision of this Agreement; (b) the negligence or other tortious conduct of the Contractor or any official, director, officer, employee, agent or subcontractor of the Contractor in relation to the Project or the O&M; or (c) any third party claim alleging infringement by the Contractor or its subcontractors, in relation to the Project or the O&M, of any intellectual property rights of third parties.

Appears in 2 contracts

Samples: Design, Build, Finance and Operate Agreement, Dbfo Agreement

Contractor’s Indemnity. Subject to Section 16.3, the Contractor shall indemnify and hold harmless the Province and its officials and employees against all damages, losses and costs, including third party claims (and including the reasonable cost of defending third party claims, on a solicitor and client basis), arising from: (a) the Contractor’s breach of any provision of this Agreement; (b) the negligence or other tortious conduct of the Contractor or any official, director, officer, employee, agent or subcontractor of the Contractor in relation to the Project or the O&M; or (c) any third party claim alleging infringement by the Contractor or its subcontractors, in relation to the Project or the O&M, of any intellectual property rights of third parties.

Appears in 1 contract

Samples: Design, Build, Finance and Operate Agreement

Contractor’s Indemnity. Subject to Section 16.316.3 (Calculation of and Limitation on Claims), the Contractor shall indemnify and hold harmless the Province and its officials and employees against all damages, losses and costs, including third party claims (and including the reasonable cost of defending third party claims, on a solicitor and client basis), arising from: (a) the Contractor’s breach of any provision of this Agreement; (b) the negligence or other tortious conduct of the Contractor or any official, employee, agent or subcontractor of the Contractor in relation to the Project or the O&MProject; or (c) any third party claim alleging infringement by the Contractor or its subcontractors, in relation to the Project or the O&MProject, of any intellectual property rights of third parties.

Appears in 1 contract

Samples: Agreement to Design and Build

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Contractor’s Indemnity. Subject to Section 16.3, the Contractor shall indemnify and hold harmless the Province Province, the School Boards and its the Municipalities and their respective officials and employees against all damages, losses and costs, including third party claims (and including the reasonable cost of defending third party claims, on a solicitor and client basis), arising from: (a) the Contractor’s breach of any provision of this Agreement; (b) the negligence or other tortious conduct of the Contractor or any official, director, officer, employee, agent or subcontractor of the Contractor in relation to the Project or the O&MM&R; or (c) any third party claim alleging infringement by the Contractor or its subcontractors, in relation to the Project or the O&MM&R, of any intellectual property rights of third parties.

Appears in 1 contract

Samples: Design, Build, Finance and Maintain Agreement

Contractor’s Indemnity. Subject to Section 16.3, the Contractor shall indemnify and hold harmless the Province Province, the School Boards and its the Municipalities and their respective officials and employees against all damages, losses and costs, including third party claims (and including the reasonable cost of defending third party claims, on a solicitor and client basis), arising from: (a) the Contractor’s breach of any provision of this Agreement; (b) the negligence or other tortious conduct of the Contractor or any official, director, officer, employee, agent or subcontractor of the Contractor in relation to the Project or the O&MM&R; or (c) any third party claim alleging infringement by the Contractor or its subcontractors, in relation to the Project or the O&MM&R, of any intellectual property rights of third parties.

Appears in 1 contract

Samples: Design, Build, Finance and Maintain Agreement

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