Common use of Defense and Indemnity of Third Party Claims/Liability Clause in Contracts

Defense and Indemnity of Third Party Claims/Liability. CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, except such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single lawyer from representing both CITY and CONSULTANT, or should CITY otherwise find CONSULTANT’s legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONSULTANT’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this AGREEMENT.

Defense and Indemnity of Third Party Claims/Liability. CONSULTANT Grantee shall indemnify, defend with legal counsel approved by CITYCity, and hold harmless CITYCity, its officers, officials, employees and volunteers from and against all liabilityliability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable attorneys legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANTGrantee’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENTthe Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITYCity. Should conflict of interest principles preclude a single lawyer legal counsel from representing both CITY City and CONSULTANTGrantee, or should CITY City otherwise find CONSULTANTGrantee’s legal counsel unacceptable, then CONSULTANT Grantee shall reimburse the CITY City its costs of defense, including without limitation reasonable attorneys legal counsel fees, expert fees and all other costs and fees of litigation. The CONSULTANT Grantee shall promptly pay City any final judgment rendered against the CITY City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONSULTANTGrantee’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination or expiration of this AGREEMENTAgreement.

Defense and Indemnity of Third Party Claims/Liability. CONSULTANT Contractor shall indemnify, defend with legal counsel approved by CITYCity, and hold harmless CITYCity, its officers, officials, employees and volunteers from and against all liabilityliability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable attorneys legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENTthe Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITYCity. Should conflict of interest principles preclude a single lawyer legal counsel from representing both CITY City and CONSULTANTContractor, or should CITY City otherwise find CONSULTANT’s Contractor's legal counsel unacceptable, then CONSULTANT Contractor shall reimburse the CITY City its costs of defense, including without limitation reasonable attorneys legal counsels’ fees, expert fees and all other costs and fees of litigation. The CONSULTANT Contractor shall promptly pay City any final judgment rendered against the CITY City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier tier of fact to have been the result of the CONSULTANT’s Contractor's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this AGREEMENTAgreement.