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.

Appears in 5 contracts

Samples: Personal Services Agreement, Agreement for Purchased Services, Personal Services Agreement

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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.

Appears in 1 contract

Samples: Professional Services Agreement

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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.

Appears in 1 contract

Samples: Personal Services Agreement

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