Duty to Indemnify. Customer will indemnify, defend, and hold harmless Hawthorne, its agents, employees, affiliates and their respective owners, officers, directors, employees, agents, successors and permitted assigns from any and against any and all claims, losses, expenses, liabilities, deficiencies, judgments, settlements, interest, awards, fines, causes of action, damages, costs, penalties, taxes, assessments, charges, punitive damages and expenses of whatever kind, including reasonable attorneys’ fees, (“losses”), incurred, or reasonably anticipated to be incurred, by Hawthorne arising from or related to customer’s use, operation, possession, condition, or storage of Equipment, customer’s failure to perform any portion of the Agreement, Customer’s breach or non-fulfillment of any representation, warranty or covenant under the Agreement, Customer’s negligent or more culpable act or omission (including any reckless or willful misconduct) in performing its obligations under the Agreement, or failure to comply with any applicable federal, state or local laws, regulations or codes, which losses include but are not limited to (a) loss of or damage to Equipment for any cause; (b) injury to or death of any person; and (c) damage to real or personal property, excepting those losses that arise from Hawthorne’s sole negligence or willful misconduct. Customer will pay interest at the rate of 10% per annum from the day payment is made by Hawthorne through the day Hawthorne is reimbursed by Customer.
Appears in 5 contracts
Samples: These Rental Agreement, These Rental Agreement, These Rental Agreement
