County - Province. (a) Subject to paragraphs (b) and (c) below, the County shall: (i) during construction and following completion of construction, indemnify the Province for 100% of any third party claims against the Province arising out of the implementation of this Agreement; and (ii) following completion of construction, indemnify the Province for 50% of that portion of any third party claims against CMHC arising out of the implementation of this Agreement where the County indemnifies CMHC under the Social Services Relief Fund Phase 2 unless the claims are in any way, directly or indirectly, attributable to the negligence, bad faith or willful misconduct of the County. (b) During the construction phase of a project, the County shall indemnify the Province as a result of any third party claims against the County, subject to certain exceptions, including: (i) Maximum liability is limited to the total amount of Social Services Relief Fund Phase 2 Funds advanced at the time of the loss giving rise to the claim for indemnification; (ii) This indemnity is limited to 50% of the provincial liability for losses in relation to Project Development Funding (i.e. 25% of the total claim); (iii) This indemnity is limited to 50% of all losses, costs and expenses incurred by the County that relate to environmental or pollution claims, including claims against CMHC; and (iv) There is no indemnification for losses covered solely by CMHC or by other insurance. (c) Following completion of construction, the County shall indemnify the Province as a result of any third party claims against the County and/or CMHC, subject to certain exceptions, including: (i) Maximum liability is limited to the total amount of Social Services Relief Fund Phase 2 Funds advanced at the time of the loss giving rise to the claim for indemnification; (ii) This indemnity is limited to 50% of the provincial liability for losses in relation to Project Development Funding (i.e. 25% of the total claim); (iii) This indemnity is limited to 50% of all losses, costs and expenses incurred by the County that relate to environmental or pollution claims, including claims against CMHC; and (iv) There is no indemnification for losses covered solely by CMHC or by other insurance.
Appears in 1 contract
Samples: Contribution Agreement
County - Province. (a) Subject to paragraphs (b) and (c) below, the County shall:
(i) during construction and following completion of construction, indemnify the Province for 100% of any third party claims against the Province arising out of the implementation of this Agreement; and
(ii) following completion of construction, indemnify the Province for 50% of that portion of any third party claims against CMHC arising out of the implementation of this Agreement where the County indemnifies CMHC under the Social Services Relief Fund Phase 2 SIF-IAH Agreement, unless the claims are in any way, directly or indirectly, attributable to the negligence, bad faith or willful misconduct of the County.
(b) During the construction phase of a project, the County shall indemnify the Province as a result of any third party claims against the County, subject to certain exceptionsexceptions as per Section 8.4 of the SIF- IAH Agreement, including:
(i) Maximum liability is limited to the total amount of Social Services Relief Fund Phase 2 SIF- IAH Funds advanced at the time of the loss giving rise to the claim for indemnification;
(ii) This indemnity is limited to 50% of the provincial liability for losses in relation to Project Development Funding (i.e. 25% of the total claim);
(iii) This indemnity is limited to 50% of all losses, costs and expenses incurred by the County that relate to environmental or pollution claims, including claims against CMHC; and
(iv) There is no indemnification for losses covered solely by CMHC or by other insurance.
(c) Following completion of construction, the County shall indemnify the Province as a result of any third party claims against the County and/or CMHC, subject to certain exceptionsexceptions as per Section 8.4 of the SIF-IAH Agreement, including:
(i) Maximum liability is limited to the total amount of Social Services Relief Fund Phase 2 SIF-IAH Funds advanced at the time of the loss giving rise to the claim for indemnification;
(ii) This indemnity is limited to 50% of the provincial liability for losses in relation to Project Development Funding (i.e. 25% of the total claim);
(iii) This indemnity is limited to 50% of all losses, costs and expenses incurred by the County that relate to environmental or pollution claims, including claims against CMHC; and
(iv) There is no indemnification for losses covered solely by CMHC or by other insurance.
Appears in 1 contract
Samples: Contribution Agreement
County - Province. (a) Subject to paragraphs (b) and (c) below, the County shall:
(i) during construction and following completion of construction, indemnify the Province for 100% of any third party claims against the Province arising out of the implementation of this Agreement; and
(ii) following completion of construction, indemnify the Province for 50% of that portion of any third party claims against CMHC arising out of the implementation of this Agreement where the County indemnifies CMHC under the Social Services Relief Fund Phase 2 2018 Ontario Priorities Housing Initiative unless the claims are in any way, directly or indirectly, attributable to the negligence, bad faith or willful misconduct of the County.
(b) During the construction phase of a project, the County shall indemnify the Province as a result of any third party claims against the County, subject to certain exceptionsexceptions as per Section 8.4 2018 Ontario Priorities Housing Initiative, including:
(i) Maximum liability is limited to the total amount of Social Services Relief Fund Phase 2 2018 Ontario Priorities Housing Initiative Funds advanced at the time of the loss giving rise to the claim for indemnification;
(ii) This indemnity is limited to 50% of the provincial liability for losses in relation to Project Development Funding (i.e. 25% of the total claim);
(iii) This indemnity is limited to 50% of all losses, costs and expenses incurred by the County that relate to environmental or pollution claims, including claims against CMHC; and
(iv) There is no indemnification for losses covered solely by CMHC or by other insurance.
(c) Following completion of construction, the County shall indemnify the Province as a result of any third party claims against the County and/or CMHC, subject to certain exceptionsexceptions as per Section 8.4 of the 2018 Ontario Priorities Housing Initiative, including:
(i) Maximum liability is limited to the total amount of Social Services Relief Fund Phase 2 Funds 2018 Ontario Priorities Housing Initiative advanced at the time of the loss giving rise to the claim for indemnification;
(ii) This indemnity is limited to 50% of the provincial liability for losses in relation to Project Development Funding (i.e. 25% of the total claim);
(iii) This indemnity is limited to 50% of all losses, costs and expenses incurred by the County that relate to environmental or pollution claims, including claims against CMHC; and
(iv) There is no indemnification for losses covered solely by CMHC or by other insurance.
Appears in 1 contract
Samples: Contribution Agreement
County - Province. (a) Subject to paragraphs (b) and (c) below, the County shall:
(i) during construction and following completion of construction, indemnify the Province for 100% of any third party claims against the Province arising out of the implementation of this Agreement; and
(ii) following completion of construction, indemnify the Province for 50% of that portion of any third party claims against CMHC arising out of the implementation of this Agreement where the County indemnifies CMHC under the Social Services Relief Fund Phase 2 IAH E Agreement, unless the claims are in any way, directly or indirectly, attributable to the negligence, bad faith or willful misconduct of the County.
(b) During the construction phase of a project, the County shall indemnify the Province as a result of any third party claims against the County, subject to certain exceptionsexceptions as per Section 8.4 of the IAH E Agreement, including:
(i) Maximum liability is limited to the total amount of Social Services Relief Fund Phase 2 IAH E Funds advanced at the time of the loss giving rise to the claim for indemnification;
(ii) This indemnity is limited to 50% of the provincial liability for losses in relation to Project Development Funding (i.e. 25% of the total claim);
(iii) This indemnity is limited to 50% of all losses, costs and expenses incurred by the County that relate to environmental or pollution claims, including claims against CMHC; and
(iv) There is no indemnification for losses covered solely by CMHC or by other insurance.
(c) Following completion of construction, the County shall indemnify the Province as a result of any third party claims against the County and/or CMHC, subject to certain exceptionsexceptions as per Section 8.4 of the IAH E Agreement, including:
(i) Maximum liability is limited to the total amount of Social Services Relief Fund Phase 2 IAH E Funds advanced at the time of the loss giving rise to the claim for indemnification;
(ii) This indemnity is limited to 50% of the provincial liability for losses in relation to Project Development Funding (i.e. 25% of the total claim);
(iii) This indemnity is limited to 50% of all losses, costs and expenses incurred by the County that relate to environmental or pollution claims, including claims against CMHC; and
(iv) There is no indemnification for losses covered solely by CMHC or by other insurance.
Appears in 1 contract
Samples: Contribution Agreement