Further Indemnification Of Ontario. The Recipient further agrees to indemnify and hold harmless the Indemnified Party from any general, compensatory, incidental, indirect, special or consequential damage or any loss of use, revenue or profit which the Indemnified Party may incur or related in any way to this Agreement or the Project in tort, contract or otherwise other than by reason of the Indemnified Party’s own gross negligence or wilful misconduct, as a result of or arising out or in relation to: (a) The performance of this Agreement or any breach of the terms and conditions of this Agreement by the Recipient, its officers, servants, agents, employees and Consultants or by a third party and any of its officers, servants, agents or employees where the third party entered into a Contract with the Recipient in relation to the Project; (b) The ongoing operation, maintenance and repair of the Project; or (c) Any omission or negligent act or misconduct of the Recipient its officers, servants, agents, employees, Contractors and Consultants or by a third party and any of its officers, servants, agents or employees where the third party entered into a Contract with the Recipient in relation to the Project.
Appears in 3 contracts
Samples: Connecting Links Program Contribution Agreement, Connecting Links Program Contribution Agreement, Connecting Links Program Contribution Agreement
Further Indemnification Of Ontario. The Recipient further agrees to indemnify and hold harmless the Indemnified Party from form any general, compensatory, incidental, indirect, special or consequential damage or any loss of use, revenue or profit which the Indemnified Party may incur or related in any way to this Agreement or the Project in tort, contract or otherwise other than by reason of the Indemnified Party’s their own gross negligence or wilful misconduct, as a result of or arising out or in relation to:
(a) The performance of this Agreement or any breach of the terms and conditions of this Agreement by the Recipient, its officers, servants, agents, employees and Consultants or by a third party and any of its officers, servants, agents or employees where the third party entered into a Contract with the Recipient in relation to the Project;
(b) The ongoing operation, maintenance and repair of the Project; or
(c) Any omission or negligent act or misconduct of the Recipient its officers, servants, agents, employees, Contractors employees and Consultants or by a third party and any of its officers, servants, agents or employees where the third party entered into a Contract with the Recipient in relation to the Project.
Appears in 2 contracts
Samples: Ontario Community Infrastructure Fund – Formula Based Component Agreement, Ontario Community Infrastructure Fund Agreement