Common use of Defense and Indemnity Agreement Clause in Contracts

Defense and Indemnity Agreement. The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elected officers, agents and employees, from and against all loss or expense, including but not limited to claims, demands, actions, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, his/her subcontractors, its successor or assigns, or its or their agent, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. The County agrees to defend, indemnify and save harmless the Contractor, its appointed and elected officers, agents and employees, from and against all loss or expense, including but not limited to claims, demands, actions, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the Contractor, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the County, its subcontractors, its successor or assigns, or its or their agent, servants, or employees, the Contractor, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the Contractor, its appointed or elected officials or employees. It is further provided that no liability shall attach to the Contractor by reason of entering into this contract, except as expressly provided herein.

Defense and Indemnity Agreement. (a) The Contractor agrees to defendhold harmless, indemnify and save harmless defend the County, its appointed and elected officers, agents officials, employees and employeesagents, from and against any and all loss or expense, including but not limited to claims, demands, actions, judgmentssuits, settlementsliability, attorneys' fees loss, expenses, damages and costs by reason judgments of any nature whatsoever, including reasonable costs and all claims and demands upon the Countyattorneys’ fees in defense thereof, its elected or appointed officials or employees for damages because of personal or bodily injury, including sickness, disability or death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence (including loss of use thereof) or business (including economic loss), caused by or arising out of the Contractor’s acts, his/her subcontractorserrors or omissions in the performance of the Contract. Provided, its successor or assignshowever, or its or their agentthat the Contractor’s obligation under this provision will not extend to injury, servantssickness, or employeesdisability, the County, its appointed or elected officers, employees or their agents, except only such injury death or damage as shall have been occasioned caused by or arising out of the sole negligence of the County, its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. The County agrees to defend, indemnify and save harmless the Contractor, its appointed and elected officers, agents and employeesofficials, from and employees or agents. (b) With regard to any claim against all loss or expense, including but not limited to claims, demands, actions, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the Contractor, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the County, its subcontractors, its successor or assigns, or its or their agent, servants, or employees, the Contractor, its appointed or elected officers, officials, employees or their agents, except only such injury or damage as shall have been occasioned and agents by the sole negligence any employee of the Contractor, its appointed subcontractor, anyone directly or elected officials indirectly employed by any of them, or employeesanyone for whose acts any of them may be liable, the indemnification obligation under this Section will not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts. It is further provided that no liability shall attach clearly agreed and understood by the parties to the Contract that the Contractor expressly waives any immunity the Contractor might have had under such laws. By executing the Contract, the Contractor acknowledges that the foregoing waiver has been mutually negotiated by reason the parties as is required by RCW 4.24.115, and that the provisions of entering this Section will be incorporated, as relevant, into this contractany contract the Contractor makes with any subcontractor or agent performing work under the Contract. (c) The Contractor’s obligations under these provisions include, except as expressly provided hereinbut are not limited to, investigating, adjusting, and defending all claims alleging loss from action, error or omission, or breach of any common law, statutory or other delegated duty by the Contractor, the Contractor’s employees, agents or subcontractors.

Defense and Indemnity Agreement. The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elected officers, agents and employees, from and against all loss or expense, including but not limited to claims, demands, actions, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed ap- pointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, his/her subcontractors, its successor or assigns, or its or their agent, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. The County agrees to defend, indemnify and save harmless the Contractor, its appointed and elected elect- ed officers, agents and employees, from and against all loss or expense, including but not limited to claims, demands, actions, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the Contractor, its elected or appointed officials or employees for damages damag- es because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the County, its subcontractorssubcontrac- tors, its successor or assigns, or its or their agent, servants, or employees, the Contractor, its appointed ap- pointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the Contractor, its appointed or elected officials or employees. It is further provided that no liability shall attach to the Contractor by reason of entering into this contract, except as expressly provided herein.

Defense and Indemnity Agreement. The To the fullest extent permitted by law, the Contractor agrees to defend, indemnify and save hold the County and its departments, elected and appointed officials, agents, and volunteers, harmless the County, its appointed and elected officers, agents and employees, from and against any and all loss or expenseclaims, damages, losses and expenses, including but not limited to claimscourt costs, demands, actions, judgments, settlements, attorneys' attorney’s fees and alternative dispute resolution costs which 1) are caused by reason any breach of any and all claims and demands upon this contract by the CountyContractor, its elected employees, agents, or appointed officials volunteers, and/or Contractor's subcontractors and their employees, agents or employees for damages because of personal volunteers; or bodily injury, including death at any time resulting therefrom, sustained 2) are caused by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, his/her subcontractorsits employees, its successor or assignsagents, or its or volunteers, and/or Contractor's subcontractors and their agent, servants, or employees, agents or volunteers Contractor’s indemnity obligations shall extend to, but shall not be limited to, claims for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the Countyloss of use resulting therefrom). or destruction of any property (including the loss of use resulting therefrom). This indemnification obligation of the Contractor shall not apply if the claim, its appointed damage, loss or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned expense is caused by the sole negligence of the County, its appointed or elected officials or employees. It is further provided that no liability shall attach to In the County by reason of entering into this contract, except as expressly provided herein. The County agrees to defend, indemnify and save harmless the Contractor, its appointed and elected officers, agents and employees, from and against all loss or expense, including but not limited to claims, demands, actions, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the Contractor, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence event of the County, its subcontractors, its successor or assigns, or its or their agent, servants, or employees, the Contractor, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole concurrent negligence of the Contractor, its appointed subcontractors, employees or elected officials agents, and the County, its employees or employees. It is further provided that no liability agents, this indemnification obligation of the Contractor shall attach be valid and enforceable only to the extent of the negligence of the Contractor, its subcontractors, employees and agents. This indemnification obligation shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen’s compensation act, disability benefit act or other employee benefit act, and the Contractor hereby expressly waives any immunity afforded by reason such acts. The foregoing indemnification obligations of entering the Contractor are a material inducement to County to enter into this contractAgreement, except as expressly provided hereinare reflected in the Contractor’s compensation, and have been mutually negotiated by the Parties.