DAMAGES AND INDEMNIFICATION. (a) No rights under the AS 38.05.125 reservation may be exercised by the lessee until the lessee has provided to pay the owner of the land, his lessees and permittees, upon which the AS 38.05.125 reserved rights are sought to be exercised, full payment for all damage sustained by the owner by reason of entering the land. If the owner for any reason does not settle the damages, the lessee may enter the land after posting a surety bond determined by the state, after notice and an opportunity to be heard, to be sufficient as to form, amount, and security to secure to the owner, his lessees and permittees, payment for damages, and may institute legal proceedings in a court of competent jurisdiction where the land is located to determine the damages which the owner of the land may suffer. The lessee agrees to pay for any damages that may become payable under AS 38.05.130 and to indemnify the state and hold it harmless from and against any claims, demands, liabilities, and expenses arising from or in connection with such damages. The furnishing of a bond in compliance with this paragraph will be regarded by the state as sufficient provision for the payment of all damages that may become payable under AS 38.05.130 by virtue of this lease.
DAMAGES AND INDEMNIFICATION. (a) No rights under the lease may be exercised by the lessee until the lessee has provided to pay the surface owner, his lessees and permittees, upon which the lease rights are sought to be exercised, full payment for all damage sustained by the owner by reason of entering the land. If the owner for any reason does not settle the damages, the lessee may enter the land after posting a surety bond determined by the State of Alaska, Director of the Division of Oil & Gas, after notice and an opportunity to be heard, to be sufficient as to form, amount, and security to secure to the owner, his lessees and permittees, payment for damages, and may institute legal proceedings in a court of competent jurisdiction where the land is located to determine the damages which the owner of the land may suffer. The lessee agrees to pay for any damages that may become payable under this lease and to indemnify each of the lessors and hold each of them harmless from and against any claims, demands, liabilities, and expenses arising from or in connection with such damages. The furnishing of a bond in compliance with this paragraph will be regarded by the State as sufficient provision for the payment of all damages that may become payable under this lease.
(b) The lessee shall indemnify each of the lessors for, and hold each of them harmless from, any claim, including claims for loss or damage to property or injury to any person caused by or resulting from any act or omission committed under this lease by or on behalf of the lessee. The lessee is not responsible to a lessor under this subparagraph for any loss, damage, or injury caused by or resulting from the sole negligence of that lessor.
(c) The lessee expressly waives any defense to an action for breach of a provision of this lease or for damages resulting from an oil spill or other harm to the environment that is based on an act or omission committed by an independent contractor in the lessee's employ. The lessee expressly agrees to assume responsibility for all actions of its independent contractors.
DAMAGES AND INDEMNIFICATION. (a) No rights under the AS 38.05.125 reservation may be exercised by the lessee until the lessee has provided to pay the owner of the land, his lessees and permittees, upon which the AS
DAMAGES AND INDEMNIFICATION. The Customer acknowledges that it is entering into this Contract voluntarily and at its sole risk. The Municipality shall not be liable for any losses, damages, Claims, liabilities, costs or expenses which are incurred by the Customer (whether directly or indirectly) arising from negligence relating to the design, construction, installation, Commissioning, operation and maintenance of the Embedded Generator. The Customer hereby indemnifies and holds the Municipality harmless against any Claims which may arise from the Contract.
DAMAGES AND INDEMNIFICATION. 21.1. The Customer acknowledges that it is entering into this Contract voluntarily and at its sole risk. The Municipality shall not be liable for any losses, damages, Claims, liabilities, costs or expenses which are incurred by the Customer (whether directly or indirectly) arising from negligence relating to the design, construction, installation, Commissioning, operation and maintenance of the Embedded Generator. The Customer hereby indemnifies and holds the Municipality harmless against any Claims which may arise from the Contract.
21.2. Neither Party shall be liable to the other Party under this Contract or in delict for any losses or damages incurred directly or indirectly as a result of any action or omission of such Party unless the said action or omission is due to the negligence of the defaulting Party.
21.3. Nothing in this Contract shall exclude or limit the liability of either Party for death or personal injury to the other Party resulting directly from the negligence of the first- mentioned Party or any of its officers, directors, employees, contractors and agents and that Party shall indemnify and keep indemnified the other Party from and against any damages or losses which the other Party may suffer or incur by reason of any Claim on account of death or personal injury to the extent resulting from the negligence of the first- mentioned Party or the negligence of any of its officers, directors, employees, contractors or agents.
21.4. The rights and remedies provided by this Contract to the Parties are exclusive and not cumulative and exclude and are in place of all substantive (but not procedural) rights or remedies expressed or implied and provided by common law or statute in respect of the subject matter of this Contract, including without limitation any rights either Party may possess in delict which shall include without limitation actions brought in negligence and/or nuisance. Accordingly, each of the Parties hereby waives to the fullest extent possible all such rights and remedies provided by common law or statute, and releases the other Party, its officers, directors, employees, contractors and agents to the same extent from all duties, liabilities, responsibilities or obligations provided by common law or statute in respect of the matters dealt with in this Contract and undertakes not to enforce any of the same except as expressly provided herein. For the avoidance of doubt, the rights and remedies provided in this Contract shall not b...
DAMAGES AND INDEMNIFICATION. (a) No rights under this lease may be exercised by the lessee until the lessee has provided to pay the owner of another estate in the land subject to this lease, his lessees and permittees, full payment for all damages that may be sustained by the owner by reason of the exercise of the rights granted by this lease. If the owner for any reason does not settle the damages, the lessee may enter the land after posting a surety bond determined by the state, after notice and an opportunity to be heard, to be sufficient as to form, amount, and security to secure to the owner, his lessees and permittees, payment for damages, and may institute legal proceedings in a court of competent jurisdiction where the land is located to determine the damages which the owner of the land may suffer. The lessee agrees to pay for any damages that may become payable under AS
DAMAGES AND INDEMNIFICATION. Member shall be responsible for any and all costs related to damage to the Pilot House or surrounding areas, whether caused by themselves, their invitees or guests or any other individuals attending the event. Member shall also indemnify Pointe Marine, its directors, and employees from all liability, loss, or damage for bodily injury, including death, and property damage caused by the acts of Member, invitees, guests, or other individuals attending the event, including all court costs and actual attorney fees incurred by Pointe Marine if a claim is made against it as a result thereof.
DAMAGES AND INDEMNIFICATION. 5.1 Where either Party breaches any representations, warranties or undertakings provided in this Agreement, the other Party shall have the right to terminate this Agreement, and request the breaching Party to pay damages to the other party or to indemnify the other party for any losses.
5.2 If in any event a third party claims that the Transferor does not have the right to transfer the application right of such trademarks, or it claims for compensation on the ground that the transfer of the trademark application right as provided in this Agreement infringes on its rights, all reasonable expenses for the defense of such claim incurred by the Transferee and the liabilities shall be borne by the Transferor.
DAMAGES AND INDEMNIFICATION. 15.1 The Operator shall indemnify and hold harmless the Authority against and from all claims, actions or proceedings including without limitation claims for loss of life, personal injury or damage to property arising from the performance of any activity, operation or work of the Operator or by any act or omission of the Operator, its officers, employees, agents or contractors, and against and from all costs, liabilities and expenses incurred in respect of any such claim, action or proceedings. This provision shall survive the expiration or termination of this Agreement.
15.2 The Authority shall indemnify and hold harmless the Operator against and from all claims, actions or proceedings including without limitation claims for loss of life, personal injury or damage to property arising from the performance of any activity, operation or work of the Authority or by any act or omission of the Authority, its officers, employees, agents or contractors, and against and from all costs, liabilities and expenses incurred in respect of any such claim, action or proceedings. This provision shall survive the expiration or termination of this Agreement.
DAMAGES AND INDEMNIFICATION. 6.1 Indemnity by LCS - LCS shall defend, indemnify, and hold harmless ANG and ANG's affiliates, and their respective directors, officers, employees, shareholders, representatives, and agents, against and with respect to any and all losses, costs, damages, assessments, administrative fines or penalties, liabilities, obligations, claims or expenses (including reasonable professional fees and similar expenses) (collectively, the "Losses") from, resulting by reason of or arising in connection with (a) any and all liabilities of LCS of any nature, whether accrued, absolute, contingent or otherwise, (b) any inaccuracy in or breach of any of the representations, covenants, warranties or agreements made or to be performed by LCS pursuant to this Agreement or under any of the other certificates, agreements or other documents delivered by LCS in connection herewith or any breach thereof arising from a claim asserted by a third party, or (c) the conduct of the Inertial Operation prior to the Transfer Date. Without limiting the generality of the foregoing, LCS shall defend, indemnify and hold harmless ANG from and against the Retained Liabilities and any and all liabilities imposed upon ANG resulting from LCS's non-compliance with any applicable bulk sales law or employee notification requirement.
6.2 Indemnity by ANG - ANG shall defend, indemnify, and hold harmless LCS and LCS's affiliates, and their respective directors, officers, employees, shareholders, representatives, and agents, against and with respect to any and all losses, costs, damages, assessments, administrative fines or penalties, liabilities, obligations, claims or expenses, (including - 28 - reasonable professional fees and similar expenses) (collectively, the "Losses") from, resulting by reason of or arising in connection with (a) any inaccuracy in or breach of any of the representations, covenants, warranties or agreements made or other documents delivered by ANG in connection herewith or any breach thereof arising from a claim asserted by a third party, (b) any claim or demand made or liability asserted against LCS due to ANG's failure or alleged failure to pay, perform or discharge any obligations of ANG under this Agreement, or (c) the conduct of the Inertial Operation after the Transfer Date.
