Common use of HOLD HARMLESS AGREEMENT Clause in Contracts

HOLD HARMLESS AGREEMENT. The Contractor agrees to and does hereby indemnify and hold harmless the ECESD, its officers, agents, and employees from every claim or demand made, and every liability, loss, damages, or expense, of any nature whatsoever, including attorney fees and costs, which may be incurred by reason of: (a) Liability for damages for (1) death or bodily injury to persons, (2) injury to, loss or theft of property, or (3) any other loss, damage or expense arising under either (1) or (2) above, sustained by the Contractor or any person, firm or corporation employed by the Contractor upon or in connection with the work called for in this Agreement, except for liability resulting from the sole negligence or willful misconduct of the ECESD, its officers, employees, agents or independent contractors who are directly employed by the ECESD; and (b) Any injury to or death of persons or damage to property caused by any act, neglect, default or omission of the Contractor, or any person, firm, or corporation employed by the Contractor, either directly or by independent contract, including all damages due to loss or theft, sustained by any person, firm or corporation, including the ECESD, arising out of, or in any way connected with the work covered by this agreement, whether said injury of damage occurs either on or off school ECESD property, if the liability arose from the negligence or willful misconduct of anyone employed by the Contractor, either directly or by independent contract. (c) The Contractor, at his own expense, cost and risk, shall defend any and all actions, suits, or other proceedings that may be brought or instituted against the ECESD, its officer, agents or employees, on any such claim, demand or liability, and shall pay or satisfy any judgment that may be rendered against the ECESD, its officers, agents or employees in any action, suit or other proceedings as a result thereof.

HOLD HARMLESS AGREEMENT. The Contractor agrees to and does hereby shall defend, indemnify and hold harmless Owner, Architect, Inspector, the ECESD, its State of California and their officers, agentsemployees, agents and employees independent contractors from every claim or demand madeall liabilities, and every liabilityclaims, lossactions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage or other cause based or asserted upon any act, omission, or breach connected with or arising from the progress of Work or performance of service under this Agreement or the Contract Documents. As part of this indemnity, Contractor shall protect and defend, at its own expense, Owner, Architect, Construction Manager, Inspector, the State of California and their officers, employees, agents and independent contractors from any nature whatsoeverlegal action including attorney’s fees or other proceeding based upon such act, including attorney fees and costsomission, which may be incurred breach or as otherwise required by reason of:this Article. (a) Liability for damages for (1) death or bodily injury to persons, ; (2) damage or injury to, loss or theft of property(including theft), or loss of use of, any property; (3) any failure or alleged failure to comply with any provision of law or the Contract Documents; or (4) any other loss, damage or expense arising under either (1) or (2) aboveexpense, sustained by the Contractor or any person, firm or corporation employed by the Contractor upon or in connection with the work Work called for in this AgreementAgreement or the Contract Documents, except for liability resulting from the sole negligence or active negligence, or the willful misconduct of the ECESD, its officers, employees, agents or independent contractors who are directly employed by the ECESD; andOwner. (b) Any bodily injury to or death of persons or damage to property caused by any act, neglect, default omission or omission breach of the Contractor, Contractor or any person, firm, firm or corporation employed by the Contractor, either directly or by independent contract, including all damages due or injury to or death of persons, loss (including theft) or theftloss of use of any property, sustained by any person, firm or corporation, including the ECESDOwner, arising out of, of or in any way connected with the work Work covered by this agreementAgreement or the Contract Documents, whether said injury of or damage occurs either on or off school ECESD Owner property, if but not for any loss, injury, death or damages caused by the liability arose from the sole or active negligence or willful misconduct of anyone employed by the Contractor, either directly or by independent contractOwner. (c) The Any dispute between Contractor and Contractor’s subcontractors/suppliers/ Sureties, including, but not limited to, any failure or alleged failure of the Contractor (or any person hired or employed directly or indirectly by the Contractor) to pay any Subcontractor or Materialman of any tier or any other person employed in connection with the Work and/or filing of any stop notice or mechanic’s lien claims. (d) Any claims, allegations, penalties, assessments, or liabilities to the extent caused by the Contractor’s failure or the failure of any Subcontractor of any tier, to fully comply with the DIR registration requirements under Labor Code section 1725.5 at all times during the performance of any Work on the Project and shall reimburse the District for any penalties assessed against the District arising from any failure by the Contractor or any Subcontractor of any tier from complying with Labor Code sections 1725.5 and 1771. 1. Nothing in this paragraph, however, shall require the Contractor or any Subcontractor to be liable to the District or indemnify the District for any penalties caused by the District in accordance with Labor Code section 1773.3 (g). Contractor, at his its own expense, cost cost, and risk, shall defend any and all claims, actions, suits, or other proceedings that may be brought or instituted against the ECESDOwner, its officerofficers, agents or employees, on account of or founded upon any such claimcause, demand damage, or liability, injury identified herein Article 5 and shall pay or satisfy any judgment that may be rendered against the ECESDOwner, its officers, agents or employees in any action, suit or other proceedings as a result thereof. The Contractor’s and Subcontractors’ obligation to defend, indemnify and hold harmless the Owner, Architect, Inspector, the State of California and their officers, employees, agents and independent contractors hereunder shall include, without limitation, any and all claims, damages, and costs for the following: (1) any damages or injury to or death of any person, and damage or injury to, loss (including theft), or loss of use of, any property; (2) breach of any warranty, express or implied; (3) failure of the Contractor or Subcontractors to comply with any applicable governmental law, rule, regulation, or other requirement; (4) products installed in or used in connection with the Work; and (5) any claims of violation of the Americans with Disabilities Act (“ADA”).

HOLD HARMLESS AGREEMENT. The Contractor CONTRACTOR shall defend, indemnify and hold harmless the DISTRICT and its officers, employees, agents and independent contractors from all liabilities, claims, actions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage or other cause based or asserted upon any act, omission, or breach connected with or arising from the progress of work or performance of service under this Agreement or the Contract Documents. As part of this indemnity, CONTRACTOR shall protect and defend, at its own expense, the DISTRICT and its officers, employees, agents and independent contractors from any legal action including attorneys’ fees or other proceeding based upon such act, omission, breach or as otherwise required by this Article. Furthermore, CONTRACTOR agrees to and does hereby defend, indemnify and hold harmless the ECESD, DISTRICT and its officers, agentsemployees, agents and employees independent contractors from every claim or demand made, and every liability, loss, damagesdamage, expense or expense, attorneys’ fees of any nature whatsoever, including attorney fees and costs, which may be incurred by reason of: (a) Liability for damages for (1) death or bodily injury to persons, ; (2) damage or injury to, loss or theft of property(including theft), or loss of use of, any property; (3) any failure or alleged failure to comply with any provision of law or the Contract Documents; or (4) any other loss, damage or expense arising under either (1) or (2) aboveexpense, sustained by the Contractor or any person, firm or corporation employed by the Contractor upon or in connection with the work Work called for in this AgreementAgreement or the Contract Documents, except for liability resulting from the sole negligence or active negligence, or the willful misconduct of the ECESD, its officers, employees, agents or independent contractors who are directly employed by the ECESD; andDISTRICT. (b) Any bodily injury to or death of persons or damage to property caused by any act, neglect, default omission or omission breach of the Contractor, CONTRACTOR or any person, firm, firm or corporation employed by the ContractorCONTRACTOR, either directly or by independent contract, including all damages due or injury to or death of persons, loss (including theft) or theftloss of use of any property, sustained by any person, firm or corporation, including the ECESDDISTRICT, arising out of, of or in any way connected with the work Work covered by this agreementAgreement or the Contract Documents, whether said injury of or damage occurs either on or off school ECESD DISTRICT property, if but not for any loss, injury, death or damages caused by the liability arose from the sole or active negligence or willful misconduct of anyone employed by the Contractor, either directly or by independent contractDISTRICT. (c) The Any dispute between CONTRACTOR and CONTRACTOR’s subcontractors/supplies/sureties, including, but not limited to, any failure or alleged failure of the Contractor (or any person hired or employed directly or indirectly by the Contractor) to pay any Subcontractor or Materialman of any tier or any other person employed in connection with the Work and/or filing of any stop notice or mechanic’s lien claims. CONTRACTOR, at his its own expense, cost cost, and risk, shall defend any and all claims, actions, suits, or other proceedings that may be brought or instituted against the ECESDDISTRICT, its officerofficers, agents or employees, on account of or founded upon any such claimcause, demand damage, or liability, injury identified herein Article 5 and shall pay or satisfy any judgment that may be rendered against the ECESDDISTRICT, its officers, agents or employees in any action, suit or other proceedings as a result thereof.

HOLD HARMLESS AGREEMENT. The Contractor agrees to and does hereby shall defend, indemnify and hold harmless Owner, Architect, Inspector, the ECESD, its State of California and their officers, agentsemployees, agents and employees independent contractors from every claim or demand madeall liabilities, and every liabilityclaims, lossactions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage or other cause based or asserted upon any act, omission, or breach connected with or arising from the progress of Work or performance of service under this Agreement or the Contract Documents. As part of this indemnity, Contractor shall protect and defend, at its own expense, Owner, Architect, Construction Manager, Inspector, the State of California and their officers, employees, agents and independent contractors from any nature whatsoeverlegal action including attorney’s fees or other proceeding based upon such act, including attorney fees and costsomission, which may be incurred breach or as otherwise required by reason of:this Article. (a) Liability for damages for (1) death or bodily injury to persons, ; (2) damage or injury to, loss or theft of property(including theft), or loss of use of, any property; (3) any failure or alleged failure to comply with any provision of law or the Contract Documents; or (4) any other loss, damage or expense arising under either (1) or (2) aboveexpense, sustained by the Contractor or any person, firm or corporation employed by the Contractor upon or in connection with the work Work called for in this AgreementAgreement or the Contract Documents, except for liability resulting from the sole negligence or active negligence, or the willful misconduct of the ECESD, its officers, employees, agents or independent contractors who are directly employed by the ECESD; andOwner. (b) Any bodily injury to or death of persons or damage to property caused by any act, neglect, default omission or omission breach of the Contractor, Contractor or any person, firm, firm or corporation employed by the Contractor, either directly or by independent contract, including all damages due or injury to or death of persons, loss (including theft) or theftloss of use of any property, sustained by any person, firm or corporation, including the ECESDOwner, arising out of, of or in any way connected with the work Work covered by this agreementAgreement or the Contract Documents, whether said injury of or damage occurs either on or off school ECESD Owner property, if but not for any loss, injury, death or damages caused by the liability arose from the sole or active negligence or willful misconduct of anyone employed by the Contractor, either directly or by independent contractOwner. (c) The Any dispute between Contractor and Contractor’s subcontractors/suppliers/ Sureties, including, but not limited to, any failure or alleged failure of the Contractor (or any person hired or employed directly or indirectly by the Contractor) to pay any Subcontractor or Materialman of any tier, or any other person employed in connection with the Work and/or filing of any stop notice or mechanic’s lien claims. (d) Any claims, allegations, penalties, assessments, or liabilities to the extent caused by the Contractor’s failure or the failure of any Subcontractor of any tier, to fully comply with the DIR registration requirements under Labor Code section 1725.5 at all times during the performance of any Work on the Project and shall reimburse the District for any penalties assessed against the District arising from any failure by the Contractor or any Subcontractor of any tier from complying with Labor Code sections 1725.5 and 1771. 1. Nothing in this paragraph, however, shall require the Contractor or any Subcontractor to be liable to the District or indemnify the District for any penalties caused by the District in accordance with Labor Code section 1773.3 (g). Contractor, at his its own expense, cost cost, and risk, shall defend any and all claims, actions, suits, or other proceedings that may be brought or instituted against the ECESDOwner, its officerofficers, agents or employees, on account of or founded upon any such claimcause, demand damage, or liability, injury identified herein Article 5 and shall pay or satisfy any judgment that may be rendered against the ECESDOwner, its officers, agents or employees in any action, suit or other proceedings as a result thereof. The Contractor’s and Subcontractors’ obligation to defend, indemnify and hold harmless the Owner, Architect, Inspector, the State of California and their officers, employees, agents and independent contractors hereunder shall include, without limitation, any and all claims, damages, and costs for the following: (1) any damages or injury to or death of any person, and damage or injury to, loss (including theft), or loss of use of, any property; (2) breach of any warranty, express or implied; (3) failure of the Contractor or Subcontractors to comply with any applicable governmental law, rule, regulation, or other requirement; (4) products installed in or used in connection with the Work; and (5) any claims of violation of the Americans with Disabilities Act (“ADA”).

HOLD HARMLESS AGREEMENT. The Contractor agrees to and does hereby indemnify and hold harmless the ECESDDistrict, its officers, agents, and employees from every claim or demand made, and every liability, loss, damages, damages or expense, expense of any nature whatsoever, including attorney fees and costs, which may be incurred by reason of: (a) A. Liability for damages for (1) death or bodily injury to persons, (2) injury to, loss or theft of property, or (3) any other loss, damage or expense arising under either (1) or (2) above, sustained by the Contractor or any person, firm or corporation employed by the Contractor upon or in connection with the work called for in this Agreement, except for liability resulting from the sole negligence or willful misconduct of the ECESDDistrict, its officers, employees, agents or independent contractors who are directly employed by the ECESDDistrict; and (b) B. Any injury to or death of or persons or damage to property caused by any act, neglect, default or omission of the Contractor, or any person, firm, firm or corporation employed by the Contractor, either directly or by independent contract, including all damages due to loss or theft, sustained by any person, firm or corporation, including the ECESDDistrict, arising out of, or in any way connected with the work covered by this agreement, whether said injury of or damage occurs either on or off school ECESD district property, if the liability arose from the negligence or willful misconduct of anyone employed by the Contractor, either directly or by independent contract. (c) C. The Contractor, at his own expense, cost and risk, shall defend any and all actions, suits, suits or other proceedings that may be brought or instituted against the ECESDDistrict, its officerofficers, agents or employees, on any such claim, demand or liability, and shall pay or satisfy any judgment that may be rendered against the ECESDDistrict, its officers, agents or employees in any action, suit or other proceedings as a result thereof.

HOLD HARMLESS AGREEMENT. The Contractor agrees to and does hereby shall defend, indemnify and hold harmless District, Architect, Construction Manager (if any), Inspector, the ECESD, its State of California and their officers, agentsemployees, agents and employees independent contractors from every claim or demand madeall liabilities, and every liabilityclaims, lossactions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage or other cause based or asserted upon any act, omission, or breach connected with or arising from the progress of work or performance of service under this Agreement or the Contract Documents. As part of this indemnity, Contractor shall protect and defend, at its own expense, District, Architect, Construction Manager (if any), Inspector, the State of California and their officers, employees, agents and independent contractors from any nature whatsoeverlegal action including attorney’s fees or other proceeding based upon such act, including attorney fees and costsomission, which may be incurred breach or as otherwise required by reason of:this Article. (a) Liability for damages for (1) death or bodily injury to persons, ; (2) damage or injury to, loss or theft of property(including theft), or loss of use of, any property; (3) any failure or alleged failure to comply with any provision of law or the Contract Documents; or (4) any other loss, damage or expense arising under either (1) or (2) aboveexpense, sustained by the Contractor or any person, firm or corporation employed by the Contractor upon or in connection with the work called for in this AgreementAgreement or the Contract Documents, except for liability resulting from the sole negligence or active negligence, or the willful misconduct of the ECESD, its officers, employees, agents or independent contractors who are directly employed by the ECESD; andDistrict. (b) Any bodily injury to or death of persons or damage to property caused by any act, neglect, default omission or omission breach of the Contractor, Contractor or any person, firm, firm or corporation employed by the Contractor, either directly or by independent contract, including all damages due or injury to or death of persons, loss (including theft) or theftloss of use of any property, sustained by any person, firm or corporation, including the ECESDDistrict, arising out of, of or in any way connected with the work covered by this agreementAgreement or the Contract Documents, whether said injury of or damage occurs either on or off school ECESD District property, if but not for any loss, injury, death or damages caused by the liability arose from the sole or active negligence or willful misconduct of anyone employed by the Contractor, either directly or by independent contractDistrict. (c) The Any dispute between Contractor and Contractor’s subcontractors/supplies/ Sureties, including, but not limited to, any failure or alleged failure of the Contractor (or any person hired or employed directly or indirectly by Contractor) to pay any Subcontractor or Materialman of any tier or any other person employed in connection with the work and/or filing of any stop notice or mechanic’s lien claims. Contractor, at his its own expense, cost cost, and risk, shall defend any and all claims, actions, suits, or other proceedings that may be brought or instituted against the ECESDDistrict, its officerofficers, agents or employees, on account of or founded upon any such claimcause, demand damage, or liability, injury identified herein Article 5 and shall pay or satisfy any judgment that may be rendered against the ECESDDistrict, its officers, agents or employees in any action, suit or other proceedings as a result thereof.. The Contractor’s and Subcontractors’ obligation to defend, indemnify and hold harmless the Owner, Architect, Inspector, the State of California and their officers, employees, agents and independent contractors hereunder shall include, without limitation, any and all claims, damages, and costs for the following: (1) any damages or injury to or death of any person, and damage or injury to, loss (including theft), or loss of use of, any property; (2) breach of any warranty, express or implied; (3) failure of the Contractor or Subcontractors to comply with any applicable governmental law, rule, regulation, or other requirement; (4) products installed in or used in connection with the Work; and (5) any claims of violation of the Americans with Disabilities Act (“ADA”)

HOLD HARMLESS AGREEMENT. The Contractor agrees to and does hereby shall defend, indemnify and hold harmless the ECESD, its officers, agents, and employees from every claim or demand made, and every liability, loss, damages, or expense, of any nature whatsoever, including attorney fees and costs, which may be incurred by reason of:Owner, (a) Liability for damages for (1) death or bodily injury to persons, ; (2) damage or injury to, loss or theft of property(including theft), or loss of use of, any property; (3) any failure or alleged failure to comply with any provision of law or the Contract Documents; or (4) any other loss, damage or expense arising under either (1) or (2) aboveexpense, sustained by the Contractor or any person, firm or corporation employed by the Contractor upon or in connection with the work Work called for in this AgreementAgreement or the Contract Documents, except for liability resulting from the sole negligence or active negligence, or the willful misconduct of the ECESD, its officers, employees, agents or independent contractors who are directly employed by the ECESD; andOwner. (b) Any bodily injury to or death of persons or damage to property caused by any act, neglect, default omission or omission breach of the Contractor, Contractor or any person, firm, firm or corporation employed by the Contractor, either directly or by independent contract, including all damages due or injury to or death of persons, loss (including theft) or theftloss of use of any property, sustained by any person, firm or corporation, including the ECESDOwner, arising out of, of or in any way connected with the work Work covered by this agreementAgreement or the Contract Documents, whether said injury of or damage occurs either on or off school ECESD Owner property, if but not for any loss, injury, death or damages caused by the liability arose from the sole or active negligence or willful misconduct of anyone employed by the Contractor, either directly or by independent contractOwner. (c) The Any dispute between Contractor and Contractor’s subcontractors/suppliers/ Sureties, including, but not limited to, any failure or alleged failure of the Contractor (or any person hired or employed directly or indirectly by the Contractor) to pay any Subcontractor or Materialman of any tier, or any other person employed in connection with the Work and/or filing of any stop notice or mechanic’s lien claims. (d) Any claims, allegations, penalties, assessments, or liabilities to the extent caused by the Contractor’s failure or the failure of any Subcontractor of any tier, to fully comply with the DIR registration requirements under Labor Code section 1725.5 at all times during the performance of any Work on the Project and shall reimburse the District for any penalties assessed against the District arising from any failure by the Contractor or any Subcontractor of any tier from complying with Labor Code sections 1725.5 and 1771. 1. Nothing in this paragraph, however, shall require the Contractor or any Subcontractor to be liable to the District or indemnify the District for any penalties caused by the District in accordance with Labor Code section 1773.3 (g). Contractor, at his its own expense, cost cost, and risk, shall defend any and all claims, actions, suits, or other proceedings that may be brought or instituted against the ECESDOwner, its officerofficers, agents or employees, on account of or founded upon any such claimcause, demand damage, or liability, injury identified herein Article 5 and shall pay or satisfy any judgment that may be rendered against the ECESDOwner, its officers, agents or employees in any action, suit or other proceedings as a result thereof. The Contractor’s and Subcontractors’ obligation to defend, indemnify and hold harmless the Owner, Architect, Inspector, the State of California and their officers, employees, agents and independent contractors hereunder shall include, without limitation, any and all claims, damages, and costs for the following: (1) any damages or injury to or death of any person, and damage or injury to, loss (including theft), or loss of use of, any property; (2) breach of any warranty, express or implied; (3) failure of the Contractor or Subcontractors to comply with any applicable governmental law, rule, regulation, or other requirement; (4) products installed in or used in connection with the Work; and (5) any claims of violation of the Americans with Disabilities Act (“ADA”).