Common use of INDEMINTY Clause in Contracts

INDEMINTY. 1. MCST shall indemnify, defend and hold City, its officials, officers, agents, employees, contractors, guests volunteers and invitees (hereafter, “City Indemnitees”) harmless from and against any and all claims, demands, losses, defense costs and expenses (including, without limitation, any fines, penalties, judgments, litigation costs, attorneys' fees, and consulting costs), or liability of any kind or nature by any reason, including, but not limited to, for injury to or death of person, or damage to property as a result of, arising out of, or connected in any manner to MCST’s use of the RAC, including use by any of MCST’s officers, agents, employees, contractors, volunteers, members, guests or invitees, and from any activity, work, or other thing done, permitted or suffered by the MCST or MCST’s officers, agents, employees, contractors, volunteers, members, guests or invitees in or about the RAC. MCST shall further indemnify and hold City Indemnitees harmless from and against any and all claims arising from any breach or default in the performance of any obligation on MCST's part to be performed under the terms of this Agreement, or arising from any act or negligence of the MCST or of any of its officers, agents, employees, contractors, volunteers, members, guests, or invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, any action or proceeding brought against City by reason of any such claim, MCST, upon notice from City, shall defend the same at MCST's expense by counsel reasonably satisfactory to City. Neither City nor City Indemnitees shall be liable for any damage to property entrusted to MCST's employees, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from MCST’s use of the RAC.