Common use of Contractor’s Indemnity Clause in Contracts

Contractor’s Indemnity. Contractor shall indemnify, defend, and hold harmless Purchaser, its parent, subsidiaries and affiliates, and each of their respective agents, officers, employees, successors, assigns, and indemnitees (the “Indemnified Parties”) from and against any and all losses, costs, damages, claims, liabilities, fines, penalties, and expenses (including, without limitation, attorneys’ and other professional fees and expenses, any mediation, arbitration, and court costs, incurred in connection with the investigation, defense, and settlement of any claim asserted against any Indemnified Party or the enforcement of Contractor’s obligations under this Article (collectively, “Losses”)), which any of the Indemnified Parties may suffer or incur, arising out of or related to the Work, and/or the actions or omissions of Contractor and/or its Subcontractors, including Losses relating to: (1) actual or alleged bodily or mental injury to or death of any person; or (2) damage to or loss of use of property of Purchaser, Contractor, any Subcontractor, or any third party; or (3) any contractual liability owed by Purchaser to a third party; or (4) any breach of or inaccuracy in the covenants, representations, and warranties made by Contractor under the Agreement; or (5) any violation by Contractor or any Subcontractor of any ordinance, regulation, rule, or law of the United States or any political subdivision or duly constituted public authority; or (6) any lien or encumbrance arising out of or in connection with performance of Contractor’s obligations under the Agreement; provided, however, that Contractor’s indemnity obligations under this Article 10(A) shall not apply to any Losses to the extent such Losses are found to have been caused by the negligence or willful misconduct of any of the Indemnified Parties.

Appears in 4 contracts

Samples: General Terms, General Terms and Conditions, General Terms

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Contractor’s Indemnity. Contractor shall indemnify, defend, and hold harmless Purchaser, its parent, subsidiaries and affiliates, and each of their respective agents, officers, employees, successors, assigns, and indemnitees (the “Indemnified Parties”) ), from and against any and all losses, costs, damages, claims, liabilities, fines, penalties, and expenses (including, without limitation, attorneys’ and other professional fees and expenses, any mediation, arbitration, and court costs, incurred in connection with the investigation, defense, and settlement of any claim asserted against any Indemnified Party or the enforcement of Contractor’s obligations under this Article X) (collectively, “Losses”)), which any of the Indemnified Parties may suffer or incur, incur in whole or in part arising out of or in any way related to the WorkWork performed or to be performed, the presence of Contractor and/or its Subcontractors at Purchaser’s Site, and/or the actions or omissions of Contractor and/or its Subcontractors, including including, without limitation, Losses relating to: (1) actual or alleged bodily or mental injury to or death of any person, including, without limitation, any person employed by Purchaser, by Contractor, or by any Subcontractor; or (2) damage to or loss of use of property of Purchaser, Contractor, any Subcontractor, or any third party; or (3) any contractual liability owed by Purchaser to a third party; or (4) any breach of or inaccuracy in the covenants, representations, and warranties made by Contractor under the Agreement; or and/or (5) any violation by Contractor or any Subcontractor of any ordinance, regulation, rule, or law of the United States or any political subdivision or duly constituted public authority; or (6) any lien or encumbrance arising out of or in connection with performance of Contractor’s obligations under the Agreement; provided, however, that Contractor’s indemnity obligations under this Article 10(AX(A) shall not apply to any Losses to the extent such Losses are found to have been solely initiated or caused by or solely resulting from the negligence or willful misconduct of any of the Indemnified Parties.

Appears in 1 contract

Samples: www.firstenergycorp.com

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