Common use of HOLD HARMLESS AND INSURANCE Clause in Contracts

HOLD HARMLESS AND INSURANCE. 13.1 Architect agrees to defend, indemnify and hold harmless the City of Duluth and any of its agents or employees from and against any and all claims arising out of the performance of this Agreement by Architect except to the extent that such indemnification is specifically prohibited by Minnesota Statutes Chapter 337 or Section 604.21. Architect shall not be required to indemnify City for claims of liability arising out of the sole negligent or intentional acts or omission of the City but shall be specifically required to and agrees to defend and indemnify City in all cases where claims of liability against the City arise out of acts or omissions which are passive or derivative of the negligent or intentional acts or omissions of Architect, such as, but including but not limited to, the failure to supervise, the failure to warn, the failure to prevent such acts or omission by Architect and any other such source of liability. In the event the City of Duluth consents to, allows, authorizes or approves of changes to any plans, specifications or other construction documents, and these changes are not approved or ratified in writing by the Architect, the City of Duluth recognizes that such changes and the results thereof are not the responsibility of the Architect. Therefore, the City of Duluth agrees to release the Architect from any liability arising from the construction, use or result of such changes. In addition, the City of Duluth agrees, to the fullest extent permitted by law, to indemnify and hold the Architect harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) arising from such changes, except only those damages, liabilities and costs arising from the sole negligence or willful misconduct of the Architect.

HOLD HARMLESS AND INSURANCE. 13.1 Architect agrees to defend, indemnify and hold harmless the City of Duluth and any of its agents or employees from and against any and all claims arising out of the performance of this Agreement by Architect except to the extent that such indemnification is specifically prohibited by Minnesota Statutes Chapter 337 or Section 604.21337. Architect shall not be required to indemnify City for claims of liability arising out of the sole negligent or intentional acts or omission of the City but shall be specifically required to and agrees to defend and indemnify City in all cases where claims of liability against the City arise out of acts or omissions which are passive or derivative of the negligent or intentional acts or omissions of Architect, such as, but including but not limited to, the failure to supervise, the failure to warn, the failure to prevent such acts or omission by Architect and any other such source of liability. In the event the City of Duluth consents to, allows, authorizes or approves of changes to any plans, specifications or other construction documents, and these changes are not approved or ratified in writing by the Architect, the City of Duluth recognizes that such changes and the results thereof are not the responsibility of the Architect. Therefore, the City of Duluth agrees to release the Architect from any liability arising from the construction, use or result of such changes. In addition, the City of Duluth agrees, to the fullest extent permitted by law, to indemnify and hold the Architect harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) arising from such changes, except only those damages, liabilities and costs arising from the sole negligence or willful misconduct of the Architect.

HOLD HARMLESS AND INSURANCE. 13.1 Architect agrees to defend, indemnify and hold harmless the City of Duluth and any of its agents or employees from and against any and all claims arising out of the performance of this Agreement by Architect except to the extent that such indemnification is specifically prohibited by Minnesota Statutes Chapter 337 or Section 604.21. Architect shall not be required to indemnify City for claims of liability arising out of the sole negligent or intentional acts or omission of the City but shall be specifically required to and agrees to defend and indemnify City in all cases where claims of liability against the City arise out of acts or omissions which are passive or derivative of the negligent or intentional acts or omissions of Architect, such as, but including but not limited to, the failure to supervise, the failure to warn, the failure to prevent such acts or omission by Architect and any other such source of liability. In the event the City of Duluth consents to, allows, authorizes or approves of changes to any plans, specifications or other construction documents, and these changes are not approved or ratified in writing by the Architect, the City of Duluth recognizes that such changes and the results thereof are not the responsibility of the Architect. Therefore, the City of Duluth Xxxxxx agrees to release the Architect from any liability arising from the construction, use or result of such changes. In addition, the City of Duluth agrees, to the fullest extent permitted by law, to indemnify and hold the Architect harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) arising from such changes, except only those damages, liabilities and costs arising from the sole negligence or willful misconduct of the Architect.