Common use of HOLD HARMLESS AGREEMENT Clause in Contracts

HOLD HARMLESS AGREEMENT. Vendor hereby releases and shall indemnify, defend, and hold harmless Authority, its subsidiaries, affiliates, officers, agents, employees, successors, assigns and authorized representatives of all of the foregoing from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorney fees, costs, and expenses of any kind or nature, including those arising out of injury to or death of Vendor's employees, whether arising before or after completion of the work hereunder, and in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part, or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence of Vendor, it sub-vendors, or of anyone acting under its direction or control, or on its behalf in connection with or incidental to the performance of this contact. Vendor's aforesaid release, indemnity, and hold harmless obligations, or portions of applications thereof, shall apply even in the event of the fault, negligence, or strict liability of the parties released, indemnified, or held harmless to the fullest extent permitted by law. However, in no event shall they apply to liability caused by the sole negligence of the parties released, indemnified, or held harmless. Vendor expressly waives its immunity under industrial insurance, Title 51 RCW. If any portion of this indemnity clause is invalid or unenforceable, it shall be deemed excised and the remaining portions of the clause shall be given full force and effect. Contractor hereby agrees to require all its subcontractors or anyone acting under its direction or control or on its behalf in connection with or incidental to the performance of this contract to execute an indemnity clause identical to the preceding clause, specifically naming Authority as indemnity Any issues of whether contractor has a duty under this contract to defend housing authority against a particular claim or lawsuit shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association and judgment upon the award may be entered in any court having jurisdiction thereof.

HOLD HARMLESS AGREEMENT. Vendor Lessor shall not in any event whatsoever be liable for any injury and/or damage to any person or property in connection with this Lease Agreement. However, Lessor shall be responsible for any such damages or injuries caused on said premises by any employees of Lessor or any contractors or workmen employed by Lessor prior to Lessee taking possession of the premises unless said injuries or damages are due to the negligence of Lessee or any employees of Lessee or any contractors employed by Lessee. Lessee hereby irrevocably and unconditionally releases Lessor from any and all claims resulting from any such injuries or damages. Lessee shall indemnify, defend, defend and hold harmless AuthorityLessor and all entities, its subsidiariesclaiming by, affiliatesthrough or under Lessor, officersincluding all claims, agents, employees, successors, assigns and authorized representatives of all of the foregoing from and against all suits, actionsactions and proceedings which may be brought or instituted on account of, legal growing out, occurring from, incident to or administrative proceedingsresulting from, claimsdirectly or indirectly to, demands, damages, liabilities, interest, attorney fees, costs, any and expenses of any kind all damaged persons or nature, including those property arising out of injury to or death of Vendorand from Lessee's employees, whether arising before or after completion use of the work hereunderabove referenced premises for the term of this Lease Agreement. Lessee shall assume on behalf of Lessor and all entities claiming by, through or under Lessor and conduct with due diligence and in good faith, the defense of all such claims, suits, actions and proceedings against Lessor during the term of this Lease Agreement if any manner directly or indirectly caused, occasioned, or contributed to in whole or in part, or claimed to be caused, occasioned, or contributed to in whole or in part, by reason should arise and shall bear the cost of any act, omission, fault, or negligence of Vendor, it sub-vendors, or of anyone acting under its direction or control, or on its behalf all judgments and settlements in connection with said action, provided, however, without relieving Lessee of the obligations under this Agreement, Lessor or incidental to any entity or party claiming by, through or under at the performance of this contact. Vendor's aforesaid release, indemnity, and hold harmless obligations, election thereof may defend or portions of applications thereof, shall apply even participate in the event defense of any and all claims, suits, actions or proceedings. Maintenance of the fault, negligence, or strict insurance policies referenced in this Agreement shall not effect the obligations of Lessee under this Agreement and the limits of such insurance shall not constitute a limit on the liability of the parties released, indemnified, or held harmless Lessee under this paragraph. Lessee indemnifies Lessor hereunder and shall not be subrogated to the fullest extent permitted by law. However, in no event shall they apply to liability caused by the sole negligence any rights of the parties released, indemnified, or held harmless. Vendor expressly waives its immunity under industrial insurance, Title 51 RCW. If Lessor against any portion of this indemnity clause is invalid or unenforceable, it shall be deemed excised and the remaining portions of the clause shall be given full force and effect. Contractor hereby agrees to require all its subcontractors or anyone acting under its direction or control or on its behalf other party whomsoever in connection with any such damage or incidental injury to person or property. Lessor shall deliver to Lessee the performance original or a true copy of each or any summons or other process, pleading or notice issued in any suit or other proceeding that may or may not arise during the term of this contract Agreement to execute an indemnity clause identical to enforce any such claims promptly after Lessor is served with the preceding clause, specifically naming Authority as indemnity Any issues of whether contractor has a duty under this contract same. Lessee and/or its insurance carrier shall have the right to defend housing authority against a particular claim or lawsuit at its sole cost and expense, any such suit with attorneys of Lessee and/or Lessee's insurance carrier's own selection, subject to Lessor's right to approve such selection, which approval shall not be submitted to binding arbitration in accordance with the rules of the American Arbitration Association and judgment upon the award may be entered in any court having jurisdiction thereofunreasonably withheld.

HOLD HARMLESS AGREEMENT. Vendor Developer hereby releases warrants that the design and shall construction of the Northwest Trail Improvements will not adversely affect any portion of adjacent properties and that all Northwest Trail Improvements Work will be performed in a proper manner. Developer agrees to indemnify, defenddefend with counsel acceptable to City, and hold harmless AuthorityCity, its subsidiariesofficers, affiliatesofficials, officersemployees, agents, employeesand volunteers, successors, assigns and authorized representatives of all of the foregoing from and against any and all loss, claims, suits, liabilities, actions, legal or administrative proceedings, claims, demands, damages, liabilitiesor causes of action of every kind, interest, attorney fees, costs, nature and expenses of any kind or nature, including those arising out of injury to or death of Vendor's employees, whether arising before or after completion of the work hereunder, and in any manner description (collectively “Liability”) directly or indirectly causedarising from any act or omission of Developer, occasionedits employees, agents, or contributed to independent contractors in whole connection with Developer’s actions and obligations hereunder, except such Liabilities caused by the sole negligence or in partwillful misconduct of City, provided as follows: A. That City does not, and shall not, waive any rights against Developer that it may have by reason of the "Hold Harmless" provisions of this Agreement, by virtue of accepting this Agreement, by accepting any deposit made by Developer, or claimed by approving any of the insurance policies described in Section 7 hereof. B. That the Hold-Harmless provisions of this Agreement shall apply to be caused, occasioned, all damages and claims for damages of every kind suffered or contributed alleged to in whole or in parthave been suffered, by reason of any actof the aforesaid operations referred to in this Section, omissionregardless of whether City has prepared, faultsupplied or approved of any portion of the Northwest Trail Plans and Specifications, or negligence regardless of Vendorwhether insurance policies as required in this Agreement shall have been determined to be applicable to any such damages or claims for damages. C. In the event that legal action is initiated by either party to this Agreement, it sub-vendors, or of anyone acting under its direction or control, or on its behalf in connection with or incidental to the performance and said action seeks damages for breach of this contact. Vendor's aforesaid releaseAgreement or seeks to specifically enforce the terms of this Agreement, indemnityand, and hold harmless obligations, or portions of applications thereof, shall apply even in the event of judgment is entered in said action, the fault, negligence, or strict liability of the parties released, indemnified, or held harmless prevailing party shall be entitled to the fullest extent permitted by law. However, in no event shall they apply to liability caused by the sole negligence of the parties released, indemnified, or held harmless. Vendor expressly waives recover its immunity under industrial insurance, Title 51 RCWattorneys’ fees and court costs. If any portion of this indemnity clause City is invalid or unenforceablethe prevailing party, it City shall also be deemed excised entitled to recover its attorneys’ fees and the remaining portions of the clause shall be given full force and effect. Contractor hereby agrees to require all its subcontractors or anyone acting under its direction or control or on its behalf in connection with or incidental to the performance of this contract to execute an indemnity clause identical to the preceding clause, specifically naming Authority as indemnity Any issues of whether contractor has a duty under this contract to defend housing authority against a particular claim or lawsuit shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association and judgment upon the award may be entered costs in any court having jurisdiction thereofaction against Developer’s surety on the bonds provided under Sections 5 and 6 hereof. D. With respect to third party claims against the Developer, the Developer waives any and all rights of any type to express or implied indemnity against the City.

HOLD HARMLESS AGREEMENT. Vendor Owner hereby releases agrees to and shall indemnify, defend, and hold harmless Authoritythe City, its subsidiarieselective and appointive council members, affiliatesboards, commissions, officers, agentsagents and employees harmless from any liability for damage or claims for damage for personal injury, employeesincluding death, successorsas well as from claims for property damage, assigns which may arise from Owner or Owner's contractors, subcontractors, agents or employees operations under this Agreement, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, or by any one or more Person(s) directly or indirectly employed by or acting as agent for Owner or any of Owner's contractors or subcontractors provided that the foregoing shall not extend to (a) any breach by the City of its obligations under this Agreement, or (b) any claim that is the result of the gross negligence or willful misconduct of the City. In the event of any legal action instituted by a third Party or any governmental entity or official arising out of the approval, execution or implementation of this Agreement (exclusive of any such actions brought by the City, any official of the City, or Owner), Owner agrees to and authorized representatives shall cooperate fully and join in the defense by the City of such action, and Owner shall pay the cost including attorney’s fees arising from such defense as such expenses are incurred by the City, but in no event later than forty-five (45) days after receipt of the City’s demand. In the event that this Agreement or any of the Project Approvals or the Annexation are the subject of legal challenge, and Owner is unable to proceed with the Project because of the litigation, the term of and timing of obligations imposed pursuant to this Agreement related to or affected by such legal challenge shall be automatically tolled during the pendency of the litigation. The Parties shall cooperate in the defense of all third-party challenges to the Project, the Project Approvals, this Agreement or the Annexation Applications, and shall keep each other informed of all developments relating to defense of such matters subject only to confidentiality requirements that may prevent the foregoing communication of such information. The City Manager is authorized to negotiate and enter into a joint defense agreement in a form reasonably acceptable to the City Attorney. Any joint defense agreement shall also provide that any proposed settlement of litigation or other challenge shall be subject to the Parties’ approval, each in its reasonable discretion. Notwithstanding the foregoing, Owner may elect not to defend a challenge to the Project, the Project Approvals, this Agreement or the Annexation Applications. In such event, the City shall have the right, in its sole discretion, to defend against such action at its sole cost and expense or to elect not to defend such action. If Owner, and thereafter City, each elects not to defend against the action, Owner shall remain obligated to indemnify and hold Agency and City harmless from and against all suits, actions, legal or administrative proceedings, claims, demands, any damages, liabilitiesattorneys’ fees or cost awards that are actually awarded; provided that Owner shall have the right, interestin its sole discretion, attorney feesto withdraw on behalf of the City from or to settle such action or take other steps to minimize the costs of such challenge provided that the settlement agreement does not impose any monetary obligation on the City the cost of which is not paid by Owner. It is agreed by the City that Owner shall take the lead role defending against any legal action to which this Section applies and Owner may, costsin its sole discretion, elect to be represented by the legal counsel of its choice. The City may, in its sole discretion, elect to be separately represented by the City Attorney and/or outside legal counsel of its choice in any such action or proceeding with the reasonable costs of such representation to be paid by Owner. Notwithstanding the foregoing, the Parties intend that the City’s role under this Section shall be primarily oversight although the City reserves the right to protect its interests, and expenses of any kind or nature, including those arising out of injury the City shall make good faith efforts to or death of Vendor's employees, whether arising before or after completion of the work hereundermaximize coordination and minimize its City Attorney, and in any manner directly or indirectly causedoutside legal costs (for example, occasionedminimizing filing separate briefs, or contributed to in whole or in part, or claimed to be caused, occasioned, or contributed to in whole or in part, by reason and duplication of any act, omission, fault, or negligence of Vendor, it sub-vendors, or of anyone acting under its direction or control, or on its behalf in connection with or incidental effort to the performance of this contact. Vendor's aforesaid release, indemnity, and hold harmless obligations, or portions of applications thereof, shall apply even in the event of the fault, negligence, or strict liability of the parties released, indemnified, or held harmless to the fullest extent permitted by law. However, in no event shall they apply to liability caused by the sole negligence of the parties released, indemnified, or held harmless. Vendor expressly waives its immunity under industrial insurance, Title 51 RCW. If any portion of this indemnity clause is invalid or unenforceable, it shall be deemed excised and the remaining portions of the clause shall be given full force and effect. Contractor hereby agrees to require all its subcontractors or anyone acting under its direction or control or on its behalf in connection with or incidental to the performance of this contract to execute an indemnity clause identical to the preceding clause, specifically naming Authority as indemnity Any issues of whether contractor has a duty under this contract to defend housing authority against a particular claim or lawsuit shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association and judgment upon the award may be entered in any court having jurisdiction thereoffeasible).

HOLD HARMLESS AGREEMENT. Vendor hereby releases A. The Lessee shall indemnify and shall indemnify, defend, and hold save harmless Authoritythe City of South Lake Tahoe, its subsidiaries, affiliates, officers, agents, employees, successors, assigns agents and authorized representatives of employees from any and all of the foregoing from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorney fees, costs, and expenses of any kind expenses, liability or nature, including those judgment arising out of injury to this Lease Agreement or death of Vendor's employees, whether arising before or after completion attempted performance of the work hereunderprovisions hereof, and in any manner directly or indirectly causedincluding, occasionedbut not limited to those predicated upon theories of violation of statute, ordinance, or contributed to in whole or in partregulation, or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence of Vendor, it sub-vendors, or of anyone acting under its direction or control, or on its behalf in connection with or incidental to the performance of this contact. Vendor's aforesaid release, indemnity, and hold harmless obligations, or portions of applications thereof, shall apply even in the event of the faultprofessional malpractice, negligence, or strict recklessness including negligent or reckless operation of motor vehicles or other equipment, furnishing of defective or dangerous products or completed operations. Premises liability, liability arising from trespass or inverse condemnation, violation of civil rights and also including any adverse determination made by the Internal Revenue Service or the State Franchise Board with respect to Lessee's “independent contractor” or “Lessee” status that would establish a liability for failure to make social security and income tax withholding payments, or any act or omission to act, whether or not it be willful, intentional or actively or passively negligent on the part of Lessee or their agents, employees or other independent contractors in the chain of contractual privity with Lessee; providing further that the foregoing shall apply to any wrongful acts or any active or passively negligent acts or omissions to act, committed jointly or concurrently by Lessee or Lessee's agents, employees or other independent contractors and the City, County or State, their agents, employees or independent contractors. Nothing contained in the foregoing indemnity provision shall be construed to require indemnification for claims, demands, damages, costs, expenses or judgments resulting solely from the negligence or willful misconduct of the parties releasedCity. B. Lessee hereby agrees that City shall not be liable for injury to Lessee's business or any loss of income therefrom or for damage to the goods, indemnifiedwares, merchandise; or other property of Lessee, Lessee's employees, invitees, customers, or held harmless any other person in or about the Leased Premises or the Airport Terminal Building, nor shall City be liable for injury to the fullest extent permitted by law. Howeverperson of Lessee, in no event shall they apply to liability Lessee’s employees, agents or contractors, whether such damage or injury is caused by the sole negligence of the parties releasedor results from fire, indemnifiedsteam, electricity, gas, water, or held harmless. Vendor expressly waives its immunity under industrial insurancerain, Title 51 RCW. If or from the breakage, leakage, obstruction, or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or light fixtures, or from any portion of this indemnity clause is invalid other cause, whether said damage or unenforceable, it shall be deemed excised and injury results from conditions arising upon the remaining Leased Premises or upon other portions of the clause shall be given full force Airport Terminal Building or from other sources or places and effect. Contractor hereby agrees to require all its subcontractors or anyone acting under its direction or control or on its behalf in connection with or incidental to the performance of this contract to execute an indemnity clause identical to the preceding clause, specifically naming Authority as indemnity Any issues regardless of whether contractor has a duty under this contract the cause of such damage or injury or the means of repairing the same is inaccessible to defend housing authority against a particular claim Lessee. City shall not be liable for any damages arising from any act or lawsuit shall be submitted to binding arbitration in accordance with the rules neglect or any other tenant, occupant, or user of the American Arbitration Association and judgment upon Airport Terminal Building, nor from the award may be entered in failure of City to enforce the provisions of any court having jurisdiction thereofother lease of the Airport Terminal Building.

HOLD HARMLESS AGREEMENT. Vendor Owner hereby releases agrees to and shall indemnify, defend, and hold harmless Authoritythe City, its subsidiarieselective and appointive council members, affiliatesboards, commissions, officers, agentsagents and employees harmless from any liability for damage or claims for damage for personal injury, employeesincluding death, successorsas well as from claims for property damage, assigns which may arise from Owner or Owner's contractors,‌ subcontractors, agents or employees operations under this Agreement, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, or by any one or more Person(s) directly or indirectly employed by or acting as agent for Owner or any of Owner's contractors or subcontractors provided that the foregoing shall not extend to (a) any breach by the City of its obligations under this Agreement, or (b) any claim that is the result of the gross negligence or willful misconduct of the City. In the event of any legal action instituted by a third Party or any governmental entity or official arising out of the approval, execution or implementation of this Agreement (exclusive of any such actions brought by the City, any official of the City, or Owner), Owner agrees to and authorized representatives shall cooperate fully and join in the defense by the City of such action, and Owner shall pay the cost including attorney’s fees arising from such defense as such expenses are incurred by the City, but in no event later than forty-five (45) days after receipt of the City’s demand. In the event that this Agreement or any of the Project Approvals or the Annexation are the subject of legal challenge, and Owner is unable to proceed with the Project because of the litigation, the term of and timing of obligations imposed pursuant to this Agreement related to or affected by such legal challenge shall be automatically tolled during the pendency of the litigation. The Parties shall cooperate in the defense of all third-party challenges to the Project, the Project Approvals, this Agreement or the Annexation Applications, and shall keep each other informed of all developments relating to defense of such matters subject only to confidentiality requirements that may prevent the foregoing communication of such information. The City Manager is authorized to negotiate and enter into a joint defense agreement in a form reasonably acceptable to the City Attorney. Any joint defense agreement shall also provide that any proposed settlement of litigation or other challenge shall be subject to the Parties’ approval, each in its reasonable discretion. Notwithstanding the foregoing, Owner may elect not to defend a challenge to the Project, the Project Approvals, this Agreement or the Annexation Applications. In such event, the City shall have the right, in its sole discretion, to defend against such action at its sole cost and expense or to elect not to defend such action. If Owner, and thereafter City, each elects not to defend against the action, Owner shall remain obligated to indemnify and hold Agency and City harmless from and against all suits, actions, legal or administrative proceedings, claims, demands, any damages, liabilitiesattorneys’ fees or cost awards that are actually awarded; provided that Owner shall have the right, interestin its sole discretion, attorney feesto withdraw on behalf of the City from or to settle such action or take other steps to minimize the costs of such challenge provided that the settlement agreement does not impose any monetary obligation on the City the cost of which is not paid by Owner. It is agreed by the City that Owner shall take the lead role defending against any legal action to which this Section applies and Owner may, costsin its sole discretion, elect to be represented by the legal counsel of its choice. The City may, in its sole discretion, elect to be separately represented by the City Attorney and/or outside legal counsel of its choice in any such action or proceeding with the reasonable costs of such representation to be paid by Owner. Notwithstanding the foregoing, the Parties intend that the City’s role under this Section shall be primarily oversight although the City reserves the right to protect its interests, and expenses of any kind or nature, including those arising out of injury the City shall make good faith efforts to or death of Vendor's employees, whether arising before or after completion of the work hereundermaximize coordination and minimize its City Attorney, and in any manner directly or indirectly causedoutside legal costs (for example, occasionedminimizing filing separate briefs, or contributed to in whole or in part, or claimed to be caused, occasioned, or contributed to in whole or in part, by reason and duplication of any act, omission, fault, or negligence of Vendor, it sub-vendors, or of anyone acting under its direction or control, or on its behalf in connection with or incidental effort to the performance of this contact. Vendor's aforesaid release, indemnity, and hold harmless obligations, or portions of applications thereof, shall apply even in the event of the fault, negligence, or strict liability of the parties released, indemnified, or held harmless to the fullest extent permitted by law. However, in no event shall they apply to liability caused by the sole negligence of the parties released, indemnified, or held harmless. Vendor expressly waives its immunity under industrial insurance, Title 51 RCW. If any portion of this indemnity clause is invalid or unenforceable, it shall be deemed excised and the remaining portions of the clause shall be given full force and effect. Contractor hereby agrees to require all its subcontractors or anyone acting under its direction or control or on its behalf in connection with or incidental to the performance of this contract to execute an indemnity clause identical to the preceding clause, specifically naming Authority as indemnity Any issues of whether contractor has a duty under this contract to defend housing authority against a particular claim or lawsuit shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association and judgment upon the award may be entered in any court having jurisdiction thereoffeasible).

HOLD HARMLESS AGREEMENT. Vendor hereby releases and The Contractor/Consultant shall defend, indemnify, defend, and hold harmless Authorityharmless, XXXXXXX ISD and all its subsidiaries, affiliatestrustees, officers, agents, and employees, successors, assigns and authorized representatives of all of the foregoing from and against all suits, actions, legal or administrative proceedingsclaims of any character brought forth or on account of any injuries or damages (including death) received or sustained by any person or property on account of, claimsarising out of, demandsor in connection with, damagesany negligent act or omission of Contractor/Consultant or any agent, liabilitiesemployee, interestsubcontractor or supplier of Contractor/Consultant in the execution or performance under this contract as designated as CONTRACTOR/CONSULTANT AGREEMENT. The Contractor/Consultant shall also defend, attorney feesindemnify and hold harmless, costsXxxxxxx ISD and all of its trustees, officers, agents, and expenses of any kind or nature, including those arising out of injury to or death of Vendor's employees, whether arising before from and against claims by any subcontractor, supplier, laborer, material-man or after completion mechanic for payment for work materials provided on behalf of the work hereunder, and Contractor/Consultant in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part, or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence of Vendor, it sub-vendors, or of anyone acting under its direction or control, or on its behalf in connection with or incidental to the performance of this contactthe Contract and all such claimants shall look solely to Contractor/Consultant and not Xxxxxxx ISD for satisfaction of such claims. Vendor's aforesaid release, indemnityThis Hold Harmless Agreement shall be binding upon the undersigned, and hold harmless obligationsits successors, legal representatives, heirs, and assigns. Dated this day of , 20 . Contractor/Consultant or portions Company Name Name of applications thereofRepresentative (Print) Signature of Representative As required by Senate Bill 9, each employee and Contractor/Consultant of a school district must be fingerprinted in order to work or provide services to the District, if they are going to have direct access to students. This bill provides protection to school districts and to the students of the District. On a case by case basis, non-district personnel may be allowed temporary access (with CRIMINAL BACKGROUND CHECK) to the campus in order to provide limited services to the District. The following procedures must be followed: • The non-district personnel must be accompanied by an administrator or administrator designee (campus employee) at all times. • No student contact shall apply even in be made without the accompaniment of a campus administrator or designee (campus employee). Services provided to the District must follow these procedures. In the event that these procedures cannot be followed, this agreement is withdrawn and fingerprinting must be accomplished. There will be no exceptions to these procedures. Printed Name of WISD Requesting Employee Printed Name of Contractor/Consultant Signature and Date Signature and Date Printed Name of District Administrator or Designee Assigned to Accompany Contractor/Consultant Summary of Services: I, , acknowledge that a Computerized Criminal APPLICANT or EMPLOYEE NAME (Please print) History (CCH) check may be performed by accessing the Texas Department of Public Safety Secure Website and may be based on name and DOB identifiers. (This is not a consent form, but serves as information for the applicant.) Authority for this agency to access an individual’s criminal history data may be found in Texas Government Code 411; Subchapter F. Name-based information is not an exact search and only fingerprint record searches represent true identification to criminal history record information (CHRI), therefore the organization conducting the criminal history check is not allowed to discuss with me any CHRI obtained using the name and DOB method. The agency may request that I also have a fingerprint search performed to clear any misidentification based on the result of the fault, negligence, or strict liability of the parties released, indemnified, or held harmless to the fullest extent permitted by law. However, in no event shall they apply to liability caused by the sole negligence of the parties released, indemnified, or held harmless. Vendor expressly waives its immunity under industrial insurance, Title 51 RCW. If any portion of this indemnity clause is invalid or unenforceable, it shall be deemed excised name and the remaining portions of the clause shall be given full force and effect. Contractor hereby agrees to require all its subcontractors or anyone acting under its direction or control or on its behalf in connection with or incidental to the performance of this contract to execute an indemnity clause identical to the preceding clause, specifically naming Authority as indemnity Any issues of whether contractor has a duty under this contract to defend housing authority against a particular claim or lawsuit shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association and judgment upon the award may be entered in any court having jurisdiction thereofDOB search.

HOLD HARMLESS AGREEMENT. Vendor Consultant hereby releases and shall indemnify, defend, and hold harmless Authority, its subsidiaries, affiliates, officers, agents, employees, successors, assigns and authorized representatives of all of the foregoing from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorney fees, costs, and expenses of any kind or nature, including those arising out of injury to or death of Vendor's Consultant’s employees, whether arising before or after completion of the work hereunder, and in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part, or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence of VendorConsultant, it it’s sub-vendorsconsultants, or of anyone acting under its direction or control, or on its behalf in connection with or incidental to the performance of this contact. Vendor's Consultant’s aforesaid release, indemnity, and hold harmless obligations, or portions of applications thereof, shall apply even in the event of the fault, negligence, or strict liability of the parties released, indemnified, or held harmless to the fullest extent permitted by law. However, in no event shall they apply to liability caused by the sole negligence of the parties released, indemnified, or held harmless. Vendor Consultant expressly waives its immunity under industrial insurance, Title 51 RCW. If any portion of this indemnity clause is invalid or unenforceable, it shall be deemed excised and the remaining portions of the clause shall be given full force and effect. Contractor Consultant hereby agrees to require all its subcontractors sub-consultant or anyone acting under its direction or control or on its behalf in connection with or incidental to the performance of this contract to execute an indemnity clause identical to the preceding clause, specifically naming Authority as indemnity Any issues of whether contractor has a duty under this contract to defend housing authority against a particular claim or lawsuit shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association and judgment upon the award may be entered in any court having jurisdiction thereof.

HOLD HARMLESS AGREEMENT. Vendor hereby releases A. The Lessee shall indemnify and shall indemnify, defend, and hold save harmless Authoritythe City of South Lake Tahoe, its subsidiaries, affiliates, officers, agents, employees, successors, assigns agents and authorized representatives of employees from any and all of the foregoing from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorney fees, costs, and expenses of any kind expenses, liability or nature, including those judgment arising out of injury to this Lease Agreement or death of Vendor's employees, whether arising before or after completion attempted performance of the work hereunderprovisions hereof, and in any manner directly or indirectly causedincluding, occasionedbut not limited to those predicated upon theories of violation of statute, ordinance, or contributed to in whole or in partregulation, or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence of Vendor, it sub-vendors, or of anyone acting under its direction or control, or on its behalf in connection with or incidental to the performance of this contact. Vendor's aforesaid release, indemnity, and hold harmless obligations, or portions of applications thereof, shall apply even in the event of the faultprofessional malpractice, negligence, or strict recklessness including negligent or reckless operation of motor vehicles or other equipment, furnishing of defective or dangerous products or completed operations. Premises liability, liability arising from trespass or inverse condemnation, violation of civil rights and also including any adverse determination made by the Internal Revenue Service or the State Franchise Board with respect to Lessee's “independent contractor” or “Lessee” status that would establish a liability for failure to make social security and income tax withholding payments, or any act or omission to act, whether or not it be willful, intentional or actively or passively negligent on the part of Lessee or their agents, employees or other independent contractors in the chain of contractual privity with Lessee; providing further that the foregoing shall apply to any wrongful acts or any active or passively negligent acts or omissions to act, committed jointly or concurrently by Lessee or Lessee's agents, employees or other independent contractors and the City, County or State, their agents, employees or independent contractors. Nothing contained in the foregoing indemnity provision shall be construed to require indemnification for claims, demands, damages, costs, expenses or judgments resulting solely from the negligence or willful misconduct of the parties releasedCity. B. Lessee hereby agrees that City shall not be liable for injury to Lessee's business or any loss of income therefrom or for damage to the goods, indemnifiedwares, merchandise; or other property of Lessee, Lessee's employees, invitees, customers, or held harmless any other person in or about the Leased Premises or the Airport Terminal Building, nor shall City be liable for injury to the fullest extent permitted by law. Howeverperson of Lessee, in no event shall they apply to liability Lessee’s employees, agents or contractors, whether such damage or injury is caused by the sole negligence of the parties releasedor results from fire, indemnifiedsteam, electricity, gas, water, or held harmless. Vendor expressly waives its immunity under industrial insurancerain, Title 51 RCW. If or from the breakage, leakage, obstruction, or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or light fixtures, or from any portion of this indemnity clause is invalid other cause, whether said damage or unenforceable, it shall be deemed excised and injury results from conditions arising upon the remaining Leased Premises or upon other portions of the clause shall be given full force Airport Terminal Building or from other sources or places and effect. Contractor hereby agrees to require all its subcontractors or anyone acting under its direction or control or on its behalf in connection with or incidental to the performance of this contract to execute an indemnity clause identical to the preceding clause, specifically naming Authority as indemnity Any issues regardless of whether contractor has a duty under this contract the cause of such damage or injury or the means of repairing the same is inaccessible to defend housing authority against a particular claim Lessee. City shall not be liable for any damages arising from any act or lawsuit shall be submitted to binding arbitration in accordance with the rules neglect or any other tenant, occupant, or user of the American Arbitration Association and judgment upon Airport Terminal Building, nor from the award may be entered in Airport Restaurant Lease 21 failure of City to enforce the provisions of any court having jurisdiction thereofother lease of the Airport Terminal Building.