Common use of HOLD HARMLESS AND INDEMNIFICATION Clause in Contracts

HOLD HARMLESS AND INDEMNIFICATION. A. The Service Provider shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorneys’ fees, arising out of or resulting from the acts, errors, or omissions of the Service Provider in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. B. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Service Provider and the City, its officers, officials, employees, and volunteers, the Service Provider’s liability, including the duty and cost to defend hereunder, shall be only to the extent of the Service Provider’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Service Provider’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. C. The City’s inspection or acceptance of any of the Service Provider’s work when completed shall not be grounds to void, nullify, and/or invalidate any of these covenants of indemnification. D. Nothing contained in this Agreement shall be construed to create a liability or a right of indemnification in any third party.

Appears in 25 contracts

Samples: Cultural Funding Agreement, Cultural Funding Agreement, Cultural Funding Agreement

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HOLD HARMLESS AND INDEMNIFICATION. A. The Service Provider Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorneys’ attorney fees, arising out of or resulting from the acts, errors, or omissions of the Service Provider Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. B. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Service Provider Consultant and the City, its officers, officials, employees, and volunteers, the Service ProviderConsultant’s liability, including the duty and cost to defend hereunder, shall be only to the extent of the Service ProviderConsultant’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Service ProviderConsultant’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. C. The City’s inspection or acceptance of any of the Service ProviderConsultant’s work when completed shall not be grounds to void, nullify, and/or invalidate any of these covenants of indemnification. D. Nothing contained in this Agreement shall be construed to create a liability or a right of indemnification in any third party.

Appears in 19 contracts

Samples: Professional Services, Professional Services, Professional Services

HOLD HARMLESS AND INDEMNIFICATION. A. The Service Provider Recipient shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits suits, including attorneys’ fees, arising out of or resulting from the acts, errors, or omissions of the Service Provider Recipient in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. B. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Service Provider Recipient and the City, its officers, officials, employees, and volunteers, the Service ProviderRecipient’s liability, including the duty and cost to defend hereunderdefend, hereunder shall be only to the extent of the Service ProviderRecipient’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Service ProviderRecipient’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. C. The City’s inspection or acceptance of any of the Service ProviderRecipient’s work when completed shall not be grounds to void, nullify, and/or invalidate any of these covenants of indemnification. D. Nothing contained in this Agreement shall be construed to create a liability or a right of indemnification in any third party.

Appears in 11 contracts

Samples: Agreement for Lodging Tax Funds, Agreement for Lodging Tax Funds, Agreement for Lodging Tax Funds

HOLD HARMLESS AND INDEMNIFICATION. A. The Service Provider Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorneys’ attorney fees, arising out of or resulting from the negligent or alleged negligent acts, errors, or omissions of the Service Provider Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. B. Should However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Service Provider Consultant and the City, its officers, officials, employees, and volunteers, the Service ProviderConsultant’s liability, including the duty and cost to defend hereunder, shall be only to the extent of the Service ProviderConsultant’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Service ProviderConsultant’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. C. The City’s inspection or acceptance of any of the Service ProviderConsultant’s work when completed shall not be grounds to void, nullify, and/or invalidate any of these covenants of indemnification. D. Nothing contained in this Agreement shall be construed to create a liability or a right of indemnification in any third party.

Appears in 10 contracts

Samples: Professional Services, Professional Services, Professional Services

HOLD HARMLESS AND INDEMNIFICATION. A. The Service Provider shall defend, indemnify, indemnify and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorneys’ attorney fees, arising out of or resulting from the acts, errors, or omissions of the Service Provider in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. B. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Service Provider and the City, its officers, officials, employees, and volunteers, the Service Provider’s liability, including the duty and cost to defend hereunderdefend, hereunder shall be only to the extent of the Service Provider’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Service Provider’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. C. The City’s inspection or acceptance of any of the Service Provider’s work when completed shall not be grounds to void, nullify, and/or invalidate any of these covenants of indemnification. D. Nothing contained in this Agreement shall be construed to create a liability or a right of indemnification in any third party.

Appears in 5 contracts

Samples: Agreement for Community Services, Agreement for Community Services, Agreement for Community Services

HOLD HARMLESS AND INDEMNIFICATION. A. The Service Provider Vendor shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorneys’ attorney fees, arising out of or resulting from the acts, errors, or omissions of the Service Provider Vendor in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. B. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Service Provider Vendor and the City, its officers, officials, employees, and volunteers, the Service ProviderVendor’s liability, including the duty and cost to defend hereunder, shall be only to the extent of the Service ProviderVendor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Service ProviderVendor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. C. The City’s inspection or acceptance of any of the Service ProviderVendor’s work when completed shall not be grounds to void, nullify, and/or invalidate any of these covenants of indemnification. D. Nothing contained in this Agreement shall be construed to create a liability or a right of indemnification in any third party.

Appears in 4 contracts

Samples: Service Agreement, Service Agreement, Agreement for Purchased Services

HOLD HARMLESS AND INDEMNIFICATION. A. The Service Provider Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorneys’ attorney fees, arising out of or resulting from the negligent or alleged negligent acts, errors, or omissions of the Service Provider Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. B. Should However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Service Provider Consultant and the City, its officers, officials, employees, and volunteers, the Service Provider’s Consultant's liability, including the duty and cost to defend hereunder, shall be only to the extent of the Service Provider’s Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Service Provider’s Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. C. The City’s 's inspection or acceptance of any of the Service Provider’s Consultant's work when completed shall not be grounds to void, nullify, and/or invalidate any of these covenants of indemnification. D. Nothing contained in this Agreement shall be construed to create a liability or a right of indemnification in any third party.

Appears in 1 contract

Samples: Professional Services

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HOLD HARMLESS AND INDEMNIFICATION. A. The Service Provider shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorneys’ attorney fees, arising out of or resulting from the negligent or alleged negligent acts, errors, or omissions of the Service Provider in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. B. Should However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Service Provider and the City, its officers, officials, employees, and volunteers, the Service Provider’s liability, including the duty and cost to defend hereunder, shall be only to the extent of the Service Provider’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Service Provider’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. C. The City’s inspection or acceptance of any of the Service Provider’s work when completed shall not be grounds to void, nullify, and/or invalidate any of these covenants of indemnification. D. Nothing contained in this Agreement shall be construed to create a liability or a right of indemnification in any third party.

Appears in 1 contract

Samples: Professional Services

HOLD HARMLESS AND INDEMNIFICATION. A. The Service Provider shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorneys’ fees, arising out of or resulting from the acts, errors, or omissions of the Service Provider in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. B. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Service Provider and the City, its officers, officials, employees, and volunteers, the Service Provider’s liability, including the duty and cost to defend hereunder, shall be only to the extent of the Service Provider’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Service Provider’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. C. The City’s inspection or acceptance of any of the Service Provider’s work when completed shall not be grounds to void, nullify, and/or invalidate any of these covenants of indemnification. D. Nothing contained in this Agreement shall be construed to create a liability or a right of indemnification in any third party.

Appears in 1 contract

Samples: Agreement for Human Services

HOLD HARMLESS AND INDEMNIFICATION. A. The Service Provider shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorneys’ attorney fees, arising out of or resulting from the acts, errors, or omissions of the Service Provider in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. B. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Service Provider and the City, its officers, officials, employees, and volunteers, the Service Provider’s liability, including the duty and cost to defend hereunder, shall be only to the extent of the Service Provider’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Service Provider’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. C. The City’s inspection or acceptance of any of the Service Provider’s work when completed shall not be grounds to void, nullify, and/or invalidate any of these covenants of indemnification. D. Nothing contained in this Agreement shall be construed to create a liability or a right of indemnification in any third party.

Appears in 1 contract

Samples: Professional Services

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