Indemnification Agreement. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold harmless, Cooperative, Managing Agent, and Unit Owner from any and all claims, suits, damages, liabilities, professional fees, including attorneys' fees, costs, court costs, expenses and disbursements related to death, personal injuries or property damage (including loss of use thereof) arising out of or in connection with the performance of the work of the Contractor, its agents, servants, subcontractors or employees, or the use by Contractor, its agents, servants, subcontractors or employees, of facilities owned by Cooperative. This agreement to indemnify specifically contemplates full indemnity in the event of liability imposed against the Cooperative, Managing Agent, and Unit Owner without negligence and solely by reason of statute, operation of law or otherwise, and partial indemnity in the event of any actual negligence on the part of Cooperative, Managing Agent, and Unit Owner either causing or contributing to the underlying claim. In that event, indemnification will be limited to any liability imposed over and above that percentage attributable to actual fault, whether by statute, by operation of law or otherwise. If Contractor fails to procure insurance as required, recoverable damages shall not be limited to the cost of premiums for such additional insurance, but shall include all sums expended, and damages incurred by Cooperative, Managing Agent, and Unit Owner, and their respective insurers, which would have otherwise been paid by the Contractor’s required insurance.
Appears in 9 contracts
Samples: Capital Improvement Agreement, Capital Improvement Agreement, Capital Improvement Agreement
Indemnification Agreement. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold harmless, CooperativeCorporation, Managing Agent, and Unit Owner Shareholder from any and all claims, suits, damages, liabilities, professional fees, including attorneys' fees, costs, court costs, expenses and disbursements related to death, personal injuries or property damage (including loss of use thereof) arising out of or in connection with the performance of the work of the Contractor, its agents, servants, subcontractors or employees, or the use by Contractor, its agents, servants, subcontractors or employees, of facilities owned by CooperativeCorporation. This agreement to indemnify specifically contemplates full indemnity in the event of liability imposed against the CooperativeCorporation, Managing Agent, and Unit Owner Shareholder without negligence and solely by reason of statute, operation of law or otherwise, and partial indemnity in the event of any actual negligence on the part of CooperativeCorporation, Managing Agent, and Unit Owner Shareholder either causing or contributing to the underlying claim. In that event, indemnification will be limited to any liability imposed over and above that percentage attributable to actual fault, whether by statute, by operation of law or otherwise. If Contractor fails to procure insurance as required, recoverable damages shall not be limited to the cost of premiums for such additional insurance, but shall include all sums expended, and damages incurred by CooperativeCorporation, Managing Agent, and Unit OwnerShareholder, and their respective insurers, which would have otherwise been paid by the Contractor’s required insurance.
Appears in 6 contracts
Samples: Capital Improvement Agreement, Capital Improvement Agreement, Alteration Agreement
Indemnification Agreement. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold harmless, Cooperative, Managing Agent, and Unit Owner Shareholder from any and all claims, suits, damages, liabilities, professional fees, including attorneys' fees, costs, court costs, expenses and disbursements related to death, personal injuries or property damage (including loss of use thereof) arising out of or in connection with the performance of the work of the Contractor, its agents, servants, subcontractors or employees, or the use by Contractor, its agents, servants, subcontractors or employees, of facilities owned by Cooperative. This agreement to indemnify specifically contemplates full indemnity in the event of liability imposed against the Cooperative, Managing Agent, and Unit Owner Shareholder without negligence and solely by reason of statute, operation of law or otherwise, and partial indemnity in the event of any actual negligence on the part of Cooperative, Managing Agent, and Unit Owner Shareholder either causing or contributing to the underlying claim. In that event, indemnification will be limited to any liability imposed over and above that percentage attributable to actual fault, whether by statute, by operation of law or otherwise. If Contractor fails to procure insurance as required, recoverable damages shall not be limited to the cost of premiums for such additional insurance, but shall include all sums expended, and damages incurred by Cooperative, Managing Agent, and Unit OwnerShareholder, and their respective insurers, which would have otherwise been paid by the Contractor’s required insurance.
Appears in 4 contracts
Samples: Capital Improvement Agreement, Capital Improvement Agreement, Capital Improvement Agreement
Indemnification Agreement. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold harmless, CooperativeCondominium, Managing Agent, and Unit Owner from any and all claims, suits, damages, liabilities, professional fees, including attorneys' fees, costs, court costs, expenses and disbursements related to death, personal injuries or property damage (including loss of use thereof) arising out of or in connection with the performance of the work of the Contractor, its agents, servants, subcontractors or employees, or the use by Contractor, its agents, servants, subcontractors or employees, of facilities owned by CooperativeCondominium. This agreement to indemnify specifically contemplates full indemnity in the event of liability imposed against the CooperativeCondominium, Managing Agent, and Unit Owner without negligence and solely by reason of statute, operation of law or otherwise, and partial indemnity in the event of any actual negligence on the part of CooperativeCondominium, Managing Agent, and Unit Owner either causing or contributing to the underlying claim. In that event, indemnification will be limited to any liability imposed over and above that percentage attributable to actual fault, whether by statute, by operation of law or otherwise. If Contractor fails to procure insurance as required, recoverable damages shall not be limited to the cost of premiums for such additional insurance, but shall include all sums expended, and damages incurred by CooperativeCondominium, Managing Agent, and Unit Owner, and their respective insurers, which would have otherwise been paid by the Contractor’s required insurance.
Appears in 1 contract
Samples: Renovation Agreement