Hold Harmless and Indemnification Clause. Contractor shall indemnify and hold harmless the City of Santa Fe, its officers and employees against liability, claims, damages, losses, or expenses arising out of bodily injury to persons or damage to properties caused by, or resulting from, Contractor’s and/or its employees, own negligent acts or omissions while Contractor, and/or its employees perform or fail to perform its obligations and duties under the terms and conditions of this Agreement. This Hold Harmless and Indemnification Clause is subject to the immunities, provisions, and limitations of the Tort Claims Act (Section 41-4-1, et seq., XXXX 0000 Comp. and Section 56-7-1 NMSA 1978 Comp.) and any amendments thereto. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create the public or any member hereof a third party beneficiary or to authorize anyone not a party to the Agreement to maintain a suit for wrongful death, bodily and/or personal injury to persons, damage to properties and/or other claims whatsoever pursuant to the provisions of this Agreement. Quantities: Quantities are estimated for bidding purposes only. Actual quantities may be significantly less of slightly more, depending on the needs of the City of Santa Fe.
Hold Harmless and Indemnification Clause. The County agrees to indemnify and defend the employee organization from any liabilities which may arise as a result of the employee organization entering into this agreement. It is expressly understood that the County of Los Angeles shall choose the counsel, and have control of all phases and aspects of the litigation and the organization's defense including settlement, and that the employee organization shall cooperate in that defense. It is further understood that this indemnity and defense provision only applies to those claims where the legality or constitutionality of the Drug Testing Program or any part of that program is at issue. It does not extend to claims against the employee organization in which the legality or constitutionality of that program is not at issue. The County will not indemnify or defend the employee organization against any claim that the organization or anyone acting on its behalf improperly or negligently advised, represented, or performed services for an employee with respect to any event subsequent to the effective date of this agreement with respect to the Drug Testing Program, disciplinary proceedings arising from the program, or any other right or liability of the employee related to the program. APPENDIX A CONTRACT TOXICOLOGY LAB SERVICES
Hold Harmless and Indemnification Clause. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the Client, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers, agents, and lenders “Client Affiliates”) from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney’s fees and costs of defense (hereinafter “Liabilities”) which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the Client or or Client Affiliates. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the Client or Client Affiliates by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Client and Client Affiliates shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement.
Hold Harmless and Indemnification Clause. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Contractor’s performance or Contractor’s failure to perform its obligations under the Contract or out of the operations conducted by Contractor, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of the Contract, the Contractor shall provide a defense to the City Indemnitees or at the CITY’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. Payment by City is not a condition precedent to enforcement of the indemnities in this section. In the event of any dispute between Contractor and City, as to whether liability arises from the active negligence, sole negligence or willful misconduct of the City or its officers, employees, or agents, Contractor will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as having been actively negligent, solely negligent or as having engaged in willful misconduct. Contractor will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 7-5 shall survive completion of Contractor’s services or the termination of the Contract SECTION XIV Proposed Equipment To Be Used (THIS SECTION MUST BE COMPLETED AND SUBMITTED AS A PART OF THE BID) ITEM # MODEL & MAKE YEAR MFR. SECTION XV Proposed Maintenance Facilities (THIS SECTION MUST BE COMPLETED AND SUBMITTED AS A PART OF THE BID) Name of Organization Address Date of Last Service Provided SECTION XVI Backup Equipment Location (THIS SECTION MUST BE COMPLETED AND SUBMITTED AS A PART OF THE BID) ITEM # MODEL & MAKE YEAR MFR LOCATION SECTION XVII Verifiable References (THIS SECTION MUST BE COMPLETED AND SUBMITTED AS A PART OF THE BID) Name of Organization Address Service Provided SECTION XVIII Safe...
Hold Harmless and Indemnification Clause. Lessee shall protect, defend and save the State of Montana, the Montana Department of Transportation, and the Aeronautics Division, its officers, employees and agents harmless from and against any and all claims or demands of any nature whatsoever, from any person(s) occupying, serving or visiting the leased area, or arising in favor of any of Lessee’s employees, or third parties due to any damage to property or injury or death sustained by any person(s) by reason of Lessee’s failure to put and keep the leased area in a safe and usable condition, or any services performed or omission of services resulting in any way from the negligence, acts or omissions of Lessee or its agents, employees, representatives, assigns or subcontractors.
Hold Harmless and Indemnification Clause. The Union will indemnify, defend, and hold the City harmless against any claims made and against any suits instituted against the City on account of payroll deductions of union dues. The Union agrees to refund to the City any amounts paid to it in error on account of the payroll deduction provision upon presentation of proper evidence thereof.
Hold Harmless and Indemnification Clause. X. Xxxxxxx STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by MPO under or in connection with any work, authority or jurisdiction delegated to MPO under this MFTA and/or each annual OWPA. It is understood and agreed that, pursuant to Government Code section 895.4, MPO shall fully defend, indemnify and save harmless STATE and its officers and employees from all claims, suits or actions of every name, kind and description occurring by reason of anything done or omitted to be done by MPO under or in connection with any work, authority or jurisdiction delegated to MPO under this MFTA and each annual OWPA.
Hold Harmless and Indemnification Clause. User agrees to Indemnify and hold harmless the Westlake City School District, its administrators, agents, employees, directors and officers (hereinafter "School District'') against and from any and all claims by or on behalf of any person or persons, firm or firms, corporation or corporations, arising from conduct upon or management of the School District's facilities or premises, and will further indemnify and hold the School District harmless against and from any and all claims arising from any breach or default on the part of User in the performance of any covenant or agreement on the part of User to be performed pursuant to the terms of the Usage Agreement, or arising from any act of negligence of User, or any of its agents, contractors, servants, employees or licensees, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or action proceeding thereon; and in case any action or proceeding be brought against the School District by reason of any such claim, User, upon notice from the School District, promises to aggressively defend, at User's expense, such action or proceeding using legal counsel reasonably satisfactory to and approved by the School District.
Hold Harmless and Indemnification Clause. A. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by RTPA, its officers, employees, agents, contractors, sub-recipients, or subcontractors under or in connection with any work, authority or jurisdiction conferred upon RTPA under this MFTA and/or each annual OWPA. It is understood and agreed that, pursuant to Government Code section 895.4, RTPA shall fully defend, indemnify and hold harmless STATE and its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by RTPA, its officers, employees, agents contractors, subrecipients or subcontractors under this MFTA and each annual OWPA.
Hold Harmless and Indemnification Clause. FMS agrees to indemnify and hold harmless Client against and from any and all claims, demands, losses, costs, damages, suits, judgments, penalties, expenses and liabilities including reasonable attorneys' fees, to the extent arising out of or relating to the performance of this Agreement. Client shall notify FMS of any such claim promptly upon receipt of the claim. FMS shall have the option to defend, at its own expense, any claims arising under this paragraph. If FMS assumes the defense of any such claim, Client shall delegate complete and sole authority to FMS in the defense thereof. CLIENT will indemnify and hold harmless FMS, its officers, directors, shareholders, employees and agents, and their respective successors and assigns, against any cause of action, loss, liability, damage, cost or expense of any nature whatsoever, whether accrued, absolute, contingent or otherwise, including, without limitation, attorney's fees and costs (whether or not suit is brought), arising out of or relating to any negligent act or omission committed by CLIENT, officers, directors, shareholders, employees and agents. This indemnification obligation shall survive any termination of this Agreement.
