Environmental Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and OWNER shall defend, at its expense, including attorneys’ fees, CITY, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action.
Appears in 8 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
Environmental Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and OWNER shall defend, at its expense, including attorneys’ attorneys fees, CITY, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Environmental Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and OWNER shall defend, at its expense, including attorneys’ fees, CITY, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action. OWNER shall have no obligation to indemnify or defend CITY against a claim based upon CITY’s intentional misconduct.
Appears in 1 contract
Samples: Village Development Agreement
Environmental Assurances. OWNER Owner shall indemnify and hold CITYCity, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of OWNEROwner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and OWNER Owner shall defend, at its expense, including attorneys’ fees, CITYCity, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY City may in its discretion participate in the defense of any such actiondefense.
Appears in 1 contract
Samples: Development Agreement
Environmental Assurances. OWNER Owner shall indemnify City and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, asserted upon any act or omission of OWNEROwner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state state, or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under under, or about the its applicable Property, including, but not limited to, soil and groundwater conditions, and OWNER conditions ("Environmental Litigation"). Owner shall defend, at its expense, including attorneys’ ' fees, CITYthe City, its officers, agents agents, and employees in any action based or asserted upon any such alleged act or omission. CITY City may in its discretion participate in the defense of any such action.
Appears in 1 contract
Samples: Development Agreement