Common use of Covenants of Indemnification by the Supplier Clause in Contracts

Covenants of Indemnification by the Supplier. ‌ (a) The Supplier shall indemnify and keep indemnified and hold the City, the Other City Entities and their respective officials, officers, employees and agents harmless against all losses, liabilities, claims, demands, costs and expenses (including legal fees), fines, penalties and charges (including those imposed by statute or otherwise imposed), arising out of or in connection with, or consisting of: (i) any: (A) damage to a Site or any part thereof, or any property whether located at a Site or otherwise, which occurs during the provision of the Supply; (B) any claim by a Subcontractor under the Builders Lien Act (British Columbia); (C) damage to the natural environment, including any remediation cost recovery claims; (D) loss or damage arising from a claim by any third party concerning or arising out of the Supply, or by any employee or Subcontractor of the Supplier for any reason; (E) occupational illness, injury or death of any person, whether at a Site or otherwise, which occurs during, or as a result of, the provision of the Supply; (F) failure by the Supplier to fully comply with the provisions of this Agreement; (G) breach by the Supplier or any Subcontractor of any Law in the course of, or as a result of, the provision of the Supply; (H) actual or alleged infringement of any Intellectual Property Rights caused by the provision of the Supply or the use of any process, work, material, matter, thing or method used or supplied by the Supplier or any Subcontractor in the provision of the Supply; or (I) breach of the warranties of the Supplier contained herein, in each case to the extent that it is due to any act, omission or default, or any breach of Law or this Agreement, of the Supplier, a Subcontractor or any Representative of the Supplier or any employee, agent or contractor of any of them; or (ii) any defect in a good, work or material provided as part of the Supply or any failure of any such good, work or material to function safely or to satisfy any applicable safety standard. (b) Nothing in this Section 11.1 nor otherwise in this Agreement shall limit or exclude any direct liability (whether in contract, tort, for breach of statutory duty or any other legal basis) of the Supplier to any person, including without limitation any liability for: (i) the Supplier’s default hereunder or fraud, fraudulent misrepresentation or reckless misconduct in the provision of the Supply; or (ii) any loss or damage flowing from the termination of this Agreement. (c) The Supplier appoints the City as the trustee of the Other City Entities and of their and the City’s officials, officers, employees and agents in relation to the covenants of indemnification of the Supplier contained in this Section 11.1 and the City accepts such appointment.

Covenants of Indemnification by the Supplier. ‌ (a) The Supplier shall indemnify and keep indemnified and hold the City, the Other City Entities and their respective officials, officers, employees and agents harmless against all losses, liabilities, claims, demands, costs and expenses (including legal fees), fines, penalties and charges (including those imposed by statute or otherwise imposed), arising out of or in connection with, or consisting of: (i) any: (A) damage to a Site or any part thereof, or any property whether located at a Site or otherwise, which occurs during the provision of the Supply; (B) any claim by a Subcontractor under the Builders Lien Act (British Columbia); (C) damage to the natural environment, including any remediation cost recovery claims; (D) loss or damage arising from a claim by any third party concerning or arising out of the Supply, or by any employee or Subcontractor of the Supplier for any reason; (E) occupational illness, injury or death of any person, whether at a Site or otherwise, which occurs during, or as a result of, the provision of the Supply; (F) failure by the Supplier to fully comply with the provisions of this Agreement; (G) breach by the Supplier or any Subcontractor of any Law in the course of, or as a result of, the provision of the Supply; (H) actual or alleged infringement of any Intellectual Property Rights caused by the provision of the Supply or the use of any process, work, material, matter, thing or method used or supplied by the Supplier or any Subcontractor in the provision of the Supply; or (I) breach of the warranties of the Supplier contained herein, in each case to the extent that it is due to any act, omission or default, or any breach of Law or this Agreement, of the Supplier, a Subcontractor or any Representative of the Supplier or any employee, agent or contractor of any of them; or (ii) any defect in a good, work or material provided as part of the Supply or any failure of any such good, work or material to function safely or to satisfy any applicable safety standard. (b) Nothing in this Section 11.1 nor otherwise in this Agreement shall limit or exclude any direct liability (whether in contract, tort, for breach of statutory duty or any other legal basis) of the Supplier to any person, including without limitation any liability for: (i) the Supplier’s default hereunder or fraud, fraudulent misrepresentation or reckless misconduct in the provision of the Supply; or (ii) any loss or damage flowing from the termination of this Agreement. (c) The Supplier appoints the City as the trustee of the Other City Entities and of their and the City’s officials, officers, employees and agents in relation to the covenants of indemnification of the Supplier contained in this Section 11.1 and the City accepts such appointment.

Covenants of Indemnification by the Supplier. ‌ (a) The Supplier shall indemnify and keep indemnified and hold the City, the Other City Entities and their respective officials, officers, employees and agents harmless against all losses, liabilities, claims, demands, costs and expenses (including legal fees), fines, penalties and charges (including those imposed by statute or otherwise imposed), arising out of or in connection with, or consisting of: (i) any: (A) damage to a Site or any part thereof, or any property whether located at a Site or otherwise, which occurs during the provision of the Supply; (B) any claim by a Subcontractor under the Builders Lien Act (British Columbia); (C) damage to the natural environment, including any remediation cost recovery claims; (D) loss or damage arising from a claim by any third party concerning or arising out of the Supply, or by any employee or Subcontractor of the Supplier for any reason; (E) occupational illness, injury or death of any person, whether at a Site or otherwise, which occurs during, or as a result of, the provision of the Supply; (F) failure by the Supplier to fully comply with the provisions of this Agreement; (G) breach by the Supplier or any Subcontractor of any Law in the course of, or as a result of, the provision of the Supply; (H) actual or alleged infringement of any Intellectual Property Rights caused by the provision of the Supply or the use of any process, work, material, matter, thing or method used or supplied by the Supplier or any Subcontractor in the provision of the Supply; or (I) breach of the warranties of the Supplier contained herein, in each case to the extent that it is due to any act, omission or default, or any breach of Law or this Agreement, of the Supplier, a Subcontractor or any Representative of the Supplier or any employee, agent or contractor of any of them; or (ii) any defect in a good, work or material provided as part of the Supply or any failure of any such good, work or material to function safely or to satisfy any applicable safety standard. (b) Nothing in this Section 11.1 10.1 nor otherwise in this Agreement shall limit or exclude any direct liability (whether in contract, tort, for breach of statutory duty or any other legal basis) of the Supplier to any person, including without limitation any liability for: (i) the Supplier’s default hereunder or fraud, fraudulent misrepresentation or reckless misconduct in the provision of the Supply; or (ii) any loss or damage flowing from the termination of this Agreement. (c) The Supplier appoints the City as the trustee of the Other City Entities and of their and the City’s officials, officers, employees and agents in relation to the covenants of indemnification of the Supplier contained in this Section 11.1 10.1 and the City accepts such appointment.

Covenants of Indemnification by the Supplier. ‌ (a) The Supplier shall indemnify and keep indemnified and hold the City, the Other City Entities and their respective officials, officers, employees and agents harmless against all losses, liabilities, claims, demands, costs and expenses (including legal fees), fines, penalties and charges (including those imposed by statute or otherwise imposed), arising out of or in connection with, or consisting of: (i) any: (A) damage to a the Site or any part thereof, or any property whether located at a the Site or otherwise, which occurs during the provision of the Supply; (B) any claim by a Subcontractor under the Builders Lien Act (British Columbia); (C) damage to the natural environment, including any remediation cost recovery claims; (D) loss or damage arising from a claim by any third party concerning or arising out of the Supply, or by any employee or Subcontractor of the Supplier for any reason; (E) occupational illness, injury or death of any person, whether at a Site or otherwise, which occurs during, or as a result of, the provision of the Supply; (F) failure by the Supplier to fully comply with the provisions of this Agreement; (G) breach by the Supplier or any Subcontractor of any Law in the course of, or as a result of, the provision of the Supply; (H) actual or alleged infringement of any Intellectual Property Rights caused by the provision of the Supply or the use of any process, work, material, matter, thing or method used or supplied by the Supplier or any Subcontractor in the provision of the Supply; or (I) breach of the warranties of the Supplier contained herein, in each case to the extent that it is due to any act, omission or default, or any breach of Law or this Agreement, of the Supplier, a Subcontractor or any Representative of the Supplier or any employee, agent or contractor of any of them; or (ii) any defect in a good, work or material provided as part of the Supply or any failure of any such good, work or material to function safely or to satisfy any applicable safety standard. (b) Nothing in this Section 11.1 nor otherwise in this Agreement shall limit or exclude any direct liability (whether in contract, tort, for breach of statutory duty or any other legal basis) of the Supplier to any person, including without limitation any liability for: (i) the Supplier’s default hereunder or fraud, fraudulent misrepresentation or reckless misconduct in the provision of the Supply; or (ii) any loss or damage flowing from the termination of this Agreement. (c) The Supplier appoints the City as the trustee of the Other City Entities and of their and the City’s officials, officers, employees and agents in relation to the covenants of indemnification of the Supplier contained in this Section 11.1 and the City accepts such appointment.

Covenants of Indemnification by the Supplier. ‌ (a) The Supplier shall indemnify and keep indemnified and hold the City, the Other City Entities and their respective officials, officers, employees and agents harmless against all losses, liabilities, claims, demands, costs and expenses (including legal fees), fines, penalties and charges (including those imposed by statute or otherwise imposed), arising out of or in connection with, or consisting of: (i) any: (A) damage to a the Site or any part thereof, or any property whether located at a the Site or otherwise, which occurs during the provision of the Supply; (B) any claim by a Subcontractor under the Builders Lien Act (British Columbia); (C) damage to the natural environment, including any remediation cost recovery claims; (D) loss or damage arising from a claim by any third party concerning or arising out of the Supply, or by any employee or Subcontractor of the Supplier for any reason; (E) occupational illness, injury or death of any person, whether at a Site or otherwise, which occurs during, or as a result of, the provision of the Supply; (F) failure by the Supplier to fully comply with the provisions of this Agreement; (G) breach by the Supplier or any Subcontractor of any Law in the course of, or as a result of, the provision of the Supply; (H) actual or alleged infringement of any Intellectual Property Rights caused by the provision of the Supply or the use of any process, work, material, matter, thing or method used or supplied by the Supplier or any Subcontractor in the provision of the Supply; or (I) breach of the warranties of the Supplier contained herein, in each case to the extent that it is due to any act, omission or default, or any breach of Law or this Agreement, of the Supplier, a Subcontractor or any Representative of the Supplier or any employee, agent or contractor of any of them; or (ii) any defect in a good, work or material provided as part of the Supply or any failure of any such good, work or material to function safely or to satisfy any applicable safety standard. (b) Nothing in this Section 11.1 8.1 nor otherwise in this Agreement shall limit or exclude any direct liability (whether in contract, tort, for breach of statutory duty or any other legal basis) of the Supplier to any person, including without limitation any liability for: (i) the Supplier’s default hereunder or fraud, fraudulent misrepresentation or reckless misconduct in the provision of the Supply; or (ii) any loss or damage flowing from the termination of this Agreement. (c) The Supplier appoints the City as the trustee of the Other City Entities and of their and the City’s officials, officers, employees and agents in relation to the covenants of indemnification of the Supplier contained in this Section 11.1 8.1 and the City accepts such appointment.

Covenants of Indemnification by the Supplier. ‌ (a) The Supplier shall indemnify and keep indemnified and hold the City, the Other City Entities and their respective officials, officers, employees and agents harmless against all losses, liabilities, claims, demands, costs and expenses (including legal fees), fines, penalties and charges (including those imposed by statute or otherwise imposed), arising out of or in connection with, or consisting of: (i) : any: (A) : damage to a Site or any part thereof, or any property whether located at a Site or otherwise, which occurs during the provision of the Supply; (B) ; any claim by a Subcontractor under the Builders Lien Act (British Columbia); (C) ; damage to the natural environment, including any remediation cost recovery claims; (D) ; loss or damage arising from a claim by any third party concerning or arising out of the Supply, or by any employee or Subcontractor of the Supplier for any reason; (E) ; occupational illness, injury or death of any person, whether at a Site or otherwise, which occurs during, or as a result of, the provision of the Supply; (F) ; failure by the Supplier to fully comply with the provisions of this Agreement; (G) ; breach by the Supplier or any Subcontractor of any Law in the course of, or as a result of, the provision of the Supply; (H) ; actual or alleged infringement of any Intellectual Property Rights caused by the provision of the Supply or the use of any process, work, material, matter, thing or method used or supplied by the Supplier or any Subcontractor in the provision of the Supply; or (I) or breach of the warranties of the Supplier contained herein, in each case to the extent that it is due to any act, omission or default, or any breach of Law or this Agreement, of the Supplier, a Subcontractor or any Representative of the Supplier or any employee, agent or contractor of any of them; or (ii) or any defect in a good, work or material provided as part of the Supply or any failure of any such good, work or material to function safely or to satisfy any applicable safety standard. (b) . Nothing in this Section 11.1 nor otherwise in this Agreement shall limit or exclude any direct liability (whether in contract, tort, for breach of statutory duty or any other legal basis) of the Supplier to any person, including without limitation any liability for: (i) : the Supplier’s default hereunder or fraud, fraudulent misrepresentation or reckless misconduct in the provision of the Supply; or (ii) or any loss or damage flowing from the termination of this Agreement. (c) . The Supplier appoints the City as the trustee of the Other City Entities and of their and the City’s officials, officers, employees and agents in relation to the covenants of indemnification of the Supplier contained in this Section 11.1 and the City accepts such appointment. Without limiting any other provision hereof or any other remedy available to the City hereunder, the Supplier agrees and covenants that if, at any time during the term or following the expiry of this Agreement, the Site or any other lands affected by the Supply are found to be contaminated or polluted (as determined pursuant to Environmental Laws) as a result of or in connection with the Supply, the Supplier shall forthwith at its sole cost: undertake all necessary audits, investigations, tests and surveys to determine the nature and extent of the contamination or pollution; notify the City of the nature and extent of the contamination or pollution and any proposed or required work necessary to control, xxxxx, dissipate or remove (as appropriate) the pollution or contamination as required by Environmental Laws; and undertake the work referred to in the foregoing paragraph (b).

Covenants of Indemnification by the Supplier. ‌ (a) The As owner and operator of the PBS, the Supplier shall bear all financial, legal and other risks associated with the PBS and shall indemnify and keep indemnified and hold the City, the Other City Entities and their respective its officials, officers, employees and agents harmless against all losses, liabilities, claims, demands, costs and expenses (including legal fees), fines, penalties and charges (including those imposed by statute applicable Laws or otherwise imposed), arising out of or in connection with, or consisting of: (i) any: (A) damage to a Site or any part thereof, or any property whether located at a Site or otherwise, which occurs during the provision of the Supply; (B) any claim by a Subcontractor under the Builders Lien Act (British Columbia)) or otherwise; (C) damage to the natural environment, including any remediation cost recovery claims; (D) loss or damage arising from a claim by any PBS user or other third party concerning or arising out of the Supply, ; (E) loss or damage arising from a claim by any employee or Subcontractor of the Supplier for any reason; (EF) occupational illness, injury or death of any person, whether at a Site or otherwise, person which occurs during, or as a result of, the provision of the Supply; (FG) failure by the Supplier to fully comply with the provisions of this Agreement; (GH) breach by the Supplier or any Subcontractor of any Law in the course of, or as a result of, the provision of providing the Supply; (HI) actual or alleged infringement of any Intellectual Property Rights caused by the provision of the Supply or the use of any process, work, material, matter, thing or method used or supplied by the Supplier or any Subcontractor in the provision of the Supply; or (IJ) breach of the warranties any representation, warranty or covenant of the Supplier contained herein, in each case to the extent that it is due to any act, omission or default, or any breach of Law or this Agreement, of the Supplier, a Subcontractor or any Representative of the Supplier or any employee, agent or contractor of any of them; or (ii) any defect in a good, work or material provided as part of the Supply or any failure of any such good, work or material to function safely or to satisfy any applicable safety standard. (b) Nothing in this Section 11.1 nor otherwise in this Agreement shall limit or exclude any direct liability (whether in contract, tort, for breach of statutory duty or any other legal basis) of the Supplier to any person, including without limitation any liability for: (i) the Supplier’s default hereunder or fraud, fraudulent misrepresentation or reckless misconduct in the provision of the Supply; or (ii) any loss or damage flowing from the termination of this Agreement. (c) The Supplier appoints the City as the trustee of the Other City Entities and of their and the City’s officials, officers, employees and agents in relation to the covenants of indemnification of the Supplier contained in this Section 11.1 and the City accepts such appointment.