Indemnification and Consequential Damages. Company shall at all times indemnify, defend, and save PJM harmless from any and all damages, losses, claims, including claims and actions relating to injury to or death of any person or damage to property, demands, suits, recoveries, costs and expenses, court costs, attorney fees, and all other obligations by or to third parties, arising out of or resulting from PJM’s performance of its respective obligations under this Reimbursement Agreement on behalf of Company, except in cases of gross negligence or intentional wrongdoing by PJM.
Indemnification and Consequential Damages. Pacer shall indemnify and hold ----------------------------------------- Transamerica harmless from and against all liabilities, losses, damages and expenses, including reasonable attorneys' fees, sustained or incurred by Transamerica to the extent that such liability, loss, damage or expense is caused by [i] the gross negligence of Pacer, [ii] the material breach of this Agreement by Pacer, [iii] the failure to perform under this Agreement by Pacer, or [iv] the willful or intentional misconduct of Pacer or any of its employees. Transamerica shall indemnify and hold Pacer harmless from and against all liabilities, losses, damages and expenses, including reasonable attorneys' fees, sustained or incurred by Pacer to the extent that such liability, loss, damage or expense is caused by [i] the gross negligence of Transamerica, [ii] the material breach of this Agreement by Transamerica, [iii] the failure to perform under this Agreement by Transamerica, or [iv] the willful or intentional misconduct of Transamerica or any of its employees. Under no circumstances shall either party be liable to the other for any lost profits, or for special, consequential or exemplary damages, even if the party has been advised of the possibility of such damages or lost profits.
Indemnification and Consequential Damages a. Each Party shall indemnify, defend and hold harmless the other party, from and against the loss, liability claim, or action, to persons, property or third parties (“Loss”) to the extent that such Loss was caused by the indemnifying Party or its agents, subcontractors or affiliates.
b. Seller shall release, defend, indemnify and hold harmless Buyer, its affiliates and its other contractors for pollution or contamination arising above the surface of the land or water and which escapes or emanates directly from Sellers’ equipment which equipment is wholly within Sellers’ control. Buyer shall release, defend, indemnify and hold harmless Seller for all other pollution not specifically assumed by Seller.
c. Notwithstanding the foregoing, neither Party shall be liable to the other for any indirect, special, or consequential damages, including, but not limited to, lost profits, loss of use, environmental or pollution damage, or consequential or indirect damages to the other Party’s property or facilities, regardless of cause.
Indemnification and Consequential Damages. XXXXXXX agrees that it shall, defend, indemnify and hold harmless ACEI, its co-owners, joint venturers and its and their shareholders, officers, directors, agents, employees and invitees, against any direct or indirect damage, cost or expense arising out of this Agreement and relating to any losses sustained by ACEI and caused exclusively by the acts of XXXXXXX, its officers, agents or employees in the performance of activities pursuant to this Agreement. ACEI agrees that it shall, defend, indemnify and hold harmless XXXXXXX, its co-owners, joint venturers and its and their shareholders, partners, officers, directors, agents, employees and invitees, against any direct or indirect damage, cost or expense arising out of this Agreement and relating to any losses sustained by XXXXXXX and caused exclusively by the acts of ACEI, its officers, agents or employees in the performance of activities pursuant to this Agreement. Neither XXXXXXX nor ACEI shall be liable to the other for any of its incidental or consequential damages (including, without limitation, lost profits). Neither of them shall assert any such claim against the other or its subsidiaries or affiliated companies or their respective shareholders, partners, officers, directors or employees.
Indemnification and Consequential Damages. [Include the following for any Company for which there is a law that prohibits that entity from indemnifying other parties: To the extent permitted by applicable law, including but not limited to state law governing the activities of municipalities or political subdivisions,] Company shall at all times indemnify, defend, and save all other Parties to this Agreement harmless from any and all damages, losses, claims, including claims and actions relating to injury to or death of any person or damage to property, demands, suits, recoveries, costs and expenses, court costs, attorney fees, and all other obligations by or to third parties, arising out of or resulting from such Party’s performance of its respective obligations under this Agreement, except in cases of gross negligence or intentional wrongdoing by the other Party.
Indemnification and Consequential Damages. Client agrees to fully indemnify and hold harmless OrangeBoy from and against any losses, including attorney’s fees and costs that arise out of or relate to any breach of this Agreement by Client. In no event shall OrangeBoy or its suppliers be liable for any incidental or consequential damages, lost profits or lost data, or any other indirect damages caused by OrangeBoy’s performance or nonperformance of this Agreement, except where such damages arise through OrangeBoy’s failure to take reasonable precautions.
