Effect of Failure to Provide Insurance. If CDC fails to provide the specified insurance or to require the specified insurance from subcontractors, as applicable, then CDC will defend, indemnify and hold harmless The County and The County’s officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the County may require CDC to:
i. Furnish and pay for a surety bond, satisfactory to the County, guaranteeing performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from CDC’s insurance company. CDC will take the action required by the County within 15 days of receiving notice from the County. Notwithstanding the foregoing, the County reserves the right to immediately terminate this Agreement pursuant to Article Twenty in the event that insurance requirements are not maintained or required as provided herein during the term of this Agreement.
Effect of Failure to Provide Insurance. If Bernick’s fails to provide the specified insurance or to require the specified insurance from subcontractors, as applicable, then Bernick’s will defend, indemnify and hold harmless the City and the City’s officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Bernick’s to:
(a) Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or
(b) Furnish a written acceptance of tender of defense and indemnity from the City’s insurance company. Bernick’s will take the action required by the City within 15 days of receiving notice from the City. Notwithstanding the foregoing, the City reserves the right to terminate this Agreement in the event that insurance requirements are not maintained or required as provided herein during the term of this Agreement.
Effect of Failure to Provide Insurance. If CONSULTANT fails to provide the specified insurance, then CONSULTANT will defend, indemnify and hold harmless CITY and CITY’s officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to CITY (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of CONSULTANT, its subcontractors, agents, employees or delegates. CONSULTANT agrees that this indemnity shall be construed and applied in favor of indemnification. CONSULTANT also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, CITY may require CONSULTANT to:
a. Furnish and pay for a surety bond, satisfactory to CITY, guaranteeing performance of the indemnity obligation; or
b. Furnish a written acceptance of tender of defense and indemnity from CONSULTANT’s insurance company. CONSULTANT will take the action required by CITY within fifteen (15) days of receiving notice from CITY.
Effect of Failure to Provide Insurance. If the Concessionaire fails to provide the insurance required by this Article or to require the specified insurance from subcontractors, as applicable, then such Party will defend, indemnify and hold harmless the City and the City’s officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney’s fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require the Party to:
a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or
b. Furnish a written acceptance of tender of defense and indemnity from the Party’s insurance company. The indemnifying Party will take the action required by the City within 15 days of receiving notice from the City. Notwithstanding the foregoing, the City reserves the right to terminate this Agreement pursuant to Article Eighteen in the event that insurance requirements are not maintained or required as provided herein during the term of this Agreement.
