Developer’s Indemnity. To the maximum extent permitted by law, and in addition to any other provisions of this Agreement independently requiring Developer to defend, indemnify, and hold harmless the City, Civic San Diego, and their respective officers, employees, contractors, agents, and attorneys including, without limitation, the Environmental Indemnity (Attachment No. 12), the Ground Lease (Attachment No. 18), and the Right of Entry Agreement (Attachment No. 24), Developer agrees to and shall defend, indemnify and hold harmless City, Civic San Diego, and their respective officers, employees, contractors and agents from and against all claims, liability, loss, damage, costs or expenses (including reasonable attorneys’ fees and court costs) arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person resulting or arising from or in any way connected with the following, provided Developer shall not be responsible for (and such indemnity shall not apply to) activities which occurred prior to Close of Escrow, or for any gross negligence or willful misconduct of the City, Civic San Diego or their respective officers, employees, contractors, agents, and attorneys: 1. The existence, release, presence or disposal on, in, or under the Property of any Hazardous Substances resulting from the acts or omissions of Developer, its contractors, subcontractors, agents or other persons acting on Developer's behalf (individually, “Indemnifying Party,” and collectively, “Indemnifying Parties”); 2. The development, construction, marketing, use, operation or condition of the Property and the Improvements by any Indemnifying Party; 3. Any accident, personal injury or casualty on the Property or the Improvements resulting from the acts or omissions of any Indemnifying Party; 4. Any plans or designs for Improvements (collectively, “Plans”) prepared by or on behalf of any Indemnifying Party, including without limitation any errors or omissions with respect to such plans or designs, except in the event that (i) none of the Indemnifying Parties develops the Property pursuant to this Agreement, and
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Samples: Disposition and Development Agreement, Disposition and Development Agreement
Developer’s Indemnity. To the maximum extent permitted by law, and in addition to any other provisions of this Agreement independently requiring Developer to defend, indemnify, and hold harmless the Agency, the City, Civic San Diego, and their respective officers, employees, contractors, contractors and agents, and attorneys including, without limitation, the Environmental Indemnity (Attachment No. 12), the Ground Lease (Attachment No. 18), and the Right of Entry Agreement (Attachment No. 24), Developer Xxxxxxxxx agrees to and shall defend, indemnify and hold harmless Citythe Agency, Civic San Diego, the City and their respective officers, employees, contractors and agents from and against andagainst all claims, liability, loss, damage, costs or expenses (including reasonable attorneys’ fees and court costs) arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person resulting or arising from or in any way connected with the followingfollowing items 1 through 6 listed below, provided Developer shall not be responsible for (and such indemnity shall not apply to) activities which occurred prior to Close of Escrow, or for any the sole gross negligence or willful misconduct of the Agency, the City, Civic San Diego or their respective officers, employees, contractors, contractors or agents, and attorneys:
1. The existence, release, presence or disposal on, in, or under the Property of any Hazardous Substances resulting from Substances;
2. The development, construction, marketing, use, operation or condition of the acts or omissions of Property and/or the Project by Developer, its it’s contractors, subcontractors, agents or other persons acting on Developer's ’s behalf (individually, “Indemnifying Party,” and collectively, “Indemnifying Parties”);
2. The development, construction, marketing, use, operation or condition of the Property and the Improvements by any Indemnifying Party;
3. Any accident, personal injury or casualty on the Property or and/or as part of the Improvements Project resulting from the acts or omissions of any Indemnifying Party;
4. Any plans Plans or designs for Improvements (collectively, “Plans”) prepared by or on behalf of any Indemnifying Party, including without limitation any errors or omissions with respect to such plans or designs;
5. Any inaccuracy in or breach of any representation or warranty of Developer, except in the event that (i) none of the Indemnifying Parties develops the Property pursuant to or resulting from any breach or default by Developer, under this Agreement; and
6. The approval of any and all entitlements or permits for the Project by the City. The foregoing indemnity obligations shall continue to remain in effect after the Completion. Developer understands, andacknowledges and agrees that nothing in this Section shall be deemed or interpreted as a limitation, modification or waiver of any other provisions of this Agreement independently requiring Developer to defend, indemnify, and hold harmless the Agency, the City, and their respective officers, employees, contractors and agents.
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Developer’s Indemnity. To the maximum extent permitted by law, and in addition to any other provisions of this Agreement independently requiring Developer to defend, indemnify, and hold harmless the Agency, the City, Civic San Diego, and their respective officers, employees, contractors, contractors and agents, and attorneys including, without limitation, the Environmental Indemnity (Attachment No. 12), the Ground Lease (Attachment No. 18), and the Right of Entry Agreement (Attachment No. 24), Developer agrees to and shall defend, indemnify and hold harmless Citythe Agency, Civic San Diego, the City and their respective officers, employees, contractors and agents from and against all claims, liability, loss, damage, costs or expenses (including reasonable attorneys’ fees and court costs) arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person resulting or arising from or in any way connected with the followingfollowing items 1 through 6 listed below, provided Developer shall not be responsible for (and such indemnity shall not apply to) activities which occurred prior to Close of Escrow, or for any the sole gross negligence or willful misconduct of the Agency, the City, Civic San Diego or their respective officers, employees, contractors, contractors or agents, and attorneys:
1. The existence, release, presence or disposal on, in, or under the Property of any Hazardous Substances resulting from Substances;
2. The development, construction, marketing, use, operation or condition of the acts or omissions of Property and/or the Project by Developer, its it’s contractors, subcontractors, agents or other persons acting on Developer's ’s behalf (individually, “Indemnifying Party,” and collectively, “Indemnifying Parties”);
2. The development, construction, marketing, use, operation or condition of the Property and the Improvements by any Indemnifying Party;
3. Any accident, personal injury or casualty on the Property or and/or as part of the Improvements Project resulting from the acts or omissions of any Indemnifying Party;
4. Any plans Plans or designs for Improvements (collectively, “Plans”) prepared by or on behalf of any Indemnifying Party, including without limitation any errors or omissions with respect to such plans or designs;
5. Any inaccuracy in or breach of any representation or warranty of Developer, except in the event that (i) none of the Indemnifying Parties develops the Property pursuant to or resulting from any breach or default by Developer, under this Agreement; and
6. The approval of any and all entitlements or permits for the Project by the City. The foregoing indemnity obligations shall continue to remain in effect after the Completion. Developer understands, andacknowledges and agrees that nothing in this Section shall be deemed or interpreted as a limitation, modification or waiver of any other provisions of this Agreement independently requiring Developer to defend, indemnify, and hold harmless the Agency, the City, and their respective officers, employees, contractors and agents.
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Developer’s Indemnity. To the maximum extent permitted by law, and in addition to any other provisions of this Agreement independently requiring Developer to defend, indemnify, and hold harmless the City, Civic San Diego, and their respective officers, employees, contractors, agents, and attorneys including, without limitation, the Environmental Indemnity (Attachment No. 12), the Ground Lease (Attachment No. 18), and the Right of Entry Agreement (Attachment No. 24), Developer agrees to and shall defend, indemnify and hold harmless City, Civic San Diego, and their respective officers, employees, contractors and agents from and against all claims, liability, loss, damage, costs or expenses (including reasonable attorneys’ fees and court costs) arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person resulting or arising from or in any way connected with the following, provided Developer shall not be responsible for (and such indemnity shall not apply to) activities which occurred prior to Close of Escrow, or for any gross negligence or willful misconduct of the City, Civic San Diego or their respective officers, employees, contractors, agents, and attorneys:
1. The existence, release, presence or disposal on, in, or under the Property of any Hazardous Substances resulting from the acts or omissions of Developer, its contractors, subcontractors, agents or other persons acting on Developer's behalf (individually, “Indemnifying Party,” and collectively, “Indemnifying Parties”);
2. The development, construction, marketing, use, operation or condition of the Property and the Improvements by any Indemnifying Party;
3. Any accident, personal injury or casualty on the Property or the Improvements resulting from the acts or omissions of any Indemnifying Party;
4. Any plans or designs for Improvements (collectively, “Plans”) prepared by or on behalf of any Indemnifying Party, including without limitation any errors or omissions with respect to such plans or designs, except in the event that (i) none of the Indemnifying Parties develops the Property pursuant to this Agreement, and
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