Customer’s Indemnification. (a) Subject to the indemnification procedures set forth in Article 24.4 (Indemnification Procedures), Customer shall indemnify, defend, and hold harmless Contractor and its Affiliates and their respective Associates from any and all Losses arising from, in connection with, or based on any allegations made by third parties (including Consultants and agents of Contractor, any Subcontractor, or Customer but not any employee, officer, or director of Contractor) regarding any of the following: (1) injury to persons (including sickness or death) or damage to real or tangible personal property, resulting from any act or omission, negligent or otherwise, of Customer and its Consultants; (2) any claims arising out of or related to occurrences Customer is required to insure against pursuant to Article 25 (Insurance), to the extent of the amount of the insurance required under such Article; (3) Customer's breach of its obligations under this Contract; or 85 (4) any claims arising from Contractor's operation of the Satellites except where such Losses results from Contractor's (i) willful misconduct or gross negligence, or (ii) acts(s) or omissions(s) that are the basis of a denial or exclusion of coverage under the Customer's Launch and In-Orbit Insurance Policy. (b) Subject to the indemnification procedures set forth in Article 24.4 (Indemnification Procedures), Customer shall indemnify Contractor as set forth in Article 21.2 (Customer Intellectual Property Indemnification), this Article 24.2 (Customer's Indemnification), Article 24.3 (Cross Indemnification for Inter-Party Waiver of Liability), Article 33 (Inter-Party Waiver of Liability) as may be required.
Appears in 1 contract
Samples: Satellite Purchase Contract (Xm Satellite Radio Holdings Inc)
Customer’s Indemnification. (a) Subject to the indemnification procedures set forth in Article 24.4 (Indemnification Procedures), Customer shall indemnify, defend, and hold harmless Contractor and its Affiliates and their respective Associates from any and all Losses arising from, in connection with, or based on any allegations made by third parties (including Consultants and agents of Contractor, any Subcontractor, or Customer but not any employee, officer, or director of Contractor) regarding any of the following:
(1) injury to persons (including sickness or death) or damage to real or tangible personal property, resulting from any act or omission, negligent or otherwise, of Customer and its Consultants;
(2) any claims arising out of or related to occurrences Customer is required to insure against pursuant to Article 25 (Insurance), to the extent of the amount of the insurance required under such Article;; or
(3) Customer's breach of its obligations under this Contract; or 85
(4) any claims arising from Contractor's operation of the Satellites except where such Losses results from Contractor's (i) willful misconduct or gross negligence, or (ii) acts(s) or omissions(s) that are the basis of a denial or exclusion of coverage under the Customer's Launch and In-Orbit Insurance Policy.
(b) Subject to the indemnification procedures set forth in Article 24.4 (Indemnification Procedures), Customer shall indemnify Contractor as set forth in Article 21.2 (Customer Intellectual Property Indemnification), this Article 24.2 (Customer's Indemnification), Article 24.3 (Cross Indemnification for Inter-Party Waiver of Liability), Article 33 (Inter-Party Waiver of Liability) as may be required.
Appears in 1 contract
Samples: Satellite Purchase Contract (Xm Satellite Radio Holdings Inc)
Customer’s Indemnification. (a) Subject Su bject to the indemnification procedures set forth in Article 24.4 (Indemnification Procedures), Customer shall indemnify, defend, and hold harmless Contractor and its Affiliates and their respective Associates from any and all Losses arising from, in connection with, or based on any allegations made by third parties (including Consultants and agents of Contractor, any Subcontractor, or Customer but not any employee, officer, or director of Contractor) regarding any of the following:
(1) injury to persons (including sickness or death) or damage to real or tangible personal property, resulting from any act or omission, negligent or otherwise, of Customer and its Consultants;
(2) any claims arising out of or related to occurrences Customer is required to insure against pursuant to Article 25 (Insurance), to the extent of the amount of the insurance required under such Article;; or
(3) Customer's breach of its obligations under this Contract; or 85
(4) any claims arising from Contractor's operation of the Satellites except where such Losses results from Contractor's (i) willful misconduct or gross negligence, or (ii) acts(s) or omissions(s) that are the basis of a denial or exclusion of coverage under the Customer's Launch and In-Orbit Insurance Policy.
(b) Subject to the indemnification procedures set forth in Article 24.4 (Indemnification Procedures), Customer shall indemnify Contractor as set forth in Article 21.2 (Customer Intellectual Property Indemnification), this Article 24.2 (Customer's Indemnification), Article 24.3 (Cross Indemnification for Inter-Party Waiver of Liability), Article 33 (Inter-Party Waiver of Liability) as may be required.
Appears in 1 contract
Samples: Satellite Purchase Contract (Xm Satellite Radio Holdings Inc)
Customer’s Indemnification. (a) Subject to the indemnification procedures set forth in Article 24.4 (Indemnification Procedures), Customer shall indemnify, defend, and hold harmless Contractor and its Affiliates and their respective Associates from any and all Losses arising from, in connection with, or based on any allegations made by third parties (including Consultants and agents of Contractor, any Subcontractor, or Customer but not any employee, officer, or director of Contractor) regarding any of the following:
(1) injury to persons (including sickness or death) or damage to real or tangible personal property, resulting from any act or omission, negligent or otherwise, of Customer and its Consultants;
(2) any claims arising out of or related to occurrences Customer is required to insure against pursuant to Article 25 (Insurance), to the extent of the amount of the insurance required under such Article;
(3) Customer's ’s breach of its obligations under this Contract; or 85or
(4) any claims arising from Contractor's ’s operation of the Satellites except where such Losses results from Contractor's ’s (i) willful misconduct or gross negligence, or (ii) acts(sact(s) or omissions(somission(s) that are the basis of a denial or exclusion of coverage under the Customer's ’s Launch and In-Orbit Insurance Policy.
(b) Subject to the indemnification procedures set forth in Article 24.4 (Indemnification Procedures), Customer shall indemnify Contractor as set forth in Article 21.2 (Customer Intellectual Property Indemnification), this Article 24.2 (Customer's ’s Indemnification), Article 24.3 (Cross Indemnification for Inter-Party Waiver of Liability), Article 33 (Inter-Party Waiver of Liability) as may be required.
Appears in 1 contract
Samples: Satellite Purchase Contract (Xm Satellite Radio Holdings Inc)