Indemnification and General Liability. Section 10.4 Required Post-Expiration Coverage.
Indemnification and General Liability. Contractor shall indemnify and save harmless City and its officers, agents and employees from, and, if requested, shall defend them against any and all loss, cost, damage, injury, liability, and claims thereof for injury to or death of a person, including employees of Contractor or loss of or damage to property, arising directly or indirectly from Contractor’s performance of this Agreement, except to the extent that such indemnity is void or otherwise unenforceable under applicable law in effect on or validly retroactive to the date of this Agreement and except where such loss, damage, injury, liability or claim is the result of active negligence or willful misconduct of City and in not contributed to by any act of, or by any omission to perform some duty imposed by law or agreement on Contractor, its subcontractors or either’s agent or employee. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and City’s costs of investigating any claims against the City. In addition to Contractor’s obligation to indemnify City, Contractor specifically acknowledges and agrees that it has an immediate and independent obligation to defend City from any claim which actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered to Contractor by City and continues at all times thereafter.
Indemnification and General Liability. 8.1 To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), Consultant shall defend, indemnify, and hold harmless District, its officers, directors, officials, agents employees, and volunteers(collectively “Indemnitees”) from and against any and all claims, suit, action, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of an employee of Consultant or its Subconsultants) expense and liability of every kind, nature, and description, at law or equity, that arises out of, pertain to, or relate to (including without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) any negligence, recklessness, or willful misconduct of Consultant, any Subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify and Indemnitee shall not apply to the extent that such Liabilities are caused in whole or in part by the sole negligence active negligence, or willful misconduct of such Indemnitee but shall apply to all other Liabilities and in no event shall the cost to defend charges to the Consultant exceed the Consultant’s proportionate percentage of fault.
Indemnification and General Liability. Section 10.4 Required Post-Expiration Coverage. Article 12 Disclosure of Information and Documents. Section 13.4 Grantee Retains Responsibility. Section 14.3 Consequences of Recharacterization. This Article 17 Miscellaneous.
Indemnification and General Liability. Section 10.4 Required Post-Expiration Coverage. Article 12 Disclosure of Information and Documents Section 13.4 Grantee Retains Responsibility.
Indemnification and General Liability. 8.1 To the fullest extent permitted by law (including, without limitation, California Civil Code Section 2782), Consultant shall defend (with legal counsel reasonably acceptable to the County), indemnify and hold harmless County and its officers, agents, departments, officials, representatives and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Consultant or its Subconsultants), expense and liability of every kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) to the extent arising from (1) the negligent performance of Services under this Agreement, or any part thereof, or (2) any negligent act or an omission of Consultant, any Subconsultant, anyone directly or indirectly employed by them, or anyone that they control.
Indemnification and General Liability. Architect‐Engineer shall defend (with legal counsel reasonably acceptable to the District), indemnify and hold harmless District and its Governing Board members, officers, departments, officials, and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Architect‐Engineer or its Subconsultants), expense and liability of every kind, nature and description (including, without limitation, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) to the extent arising from (1) the negligent performance of Services under this Agreement, or any part thereof, or (2) any negligent act, error or omission of Architect‐Engineer, any Subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused in whole or in part by the negligence, acitive negligence, or willfull misconduct of such Indemnitee.
Indemnification and General Liability. Contractor shall indemnify and save harmless City and its officers, agents and employees from, and, if requested, shall defend them against any and all loss, cost, damage, injury, liability, and claims thereof for injury to or death of a person, including employees of Contractor or loss of or damage to property, arising directly or indirectly from Contractor’s performance of this Agreement, including, but not limited to, Contractor’s use of facilities or equipment provided by City or others, regardless of the negligence of, and regardless of whether liability without fault is imposed or sought to be imposed on City, except to the extent that such indemnity is void or otherwise unenforceable under applicable law in effect on or validly retroactive to the date of this Agreement and except where such loss, damage, injury, liability or claim is the result of active negligence or willful misconduct of City and in not contributed to by any act of, or by any omission to perform some duty imposed by law or agreement on Contractor, its subcontractors or either’s agent or employee. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and City’s costs of investigating any claims against the City. In addition to Contractor’s obligation to indemnify City, Contractor specifically acknowledges and agrees that it has an immediate and independent obligation to defend City from any claim which actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered to Contractor by City and continues at all times thereafter. This Section supersedes the limitation of liability provisions of Section X of the OEM XXXX.
Indemnification and General Liability. UNIVERSITY shall defend, indemnify and hold COUNTY harmless from and against any and all liability, loss, expense, attorney's fees, or claims for injury or damages arising out of UNIVERSITY's performance of this AGREEMENT but only in proportion to and to the extent such liability, loss, expense, attorney's fees or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of UNIVERSITY, its officers, agents, or employees. COUNTY shall defend, indemnify and hold UNIVERSITY harmless from and against any and all liability, loss, expense, attorney's fees, or claims for injury or damages arising out of the COUNTY's performance of this AGREEMENT but only in proportion to and to the extent such liability, loss, expense, attorney's fees or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of COUNTY, its officers, agents or employees.
Indemnification and General Liability. 8.01 To the fullest extent permitted by California law for issues arising out of Architect’s professional services under this Agreement (including, without limitation, California Civil Code Sections 2782 and 2782.8), Architect shall indemnify and hold free and harmless District and its Board of Trustees, officers, agents, departments, officials, representatives and employees (collectively “Indemnitees”) from and against any and all claims, suit, action, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of an employee of Architect or its Subconsultants), expense and liability of every kind, nature and description, at law or equity (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) (collectively, “Claims”), that arise out of, pertain to, or relate to (1) the negligent performance of Services under this Agreement, or (2) any negligence, recklessness, or willful misconduct of Architect, any Subconsultant, anyone directly or indirectly employed by them, or anyone that they control . Architect shall also, to the furthest extent permitted by California law and as applicable to claims based upon professional negligence in the performance of services under this Agreement, reimburse the Indemnitees for the attorneys’ fees and costs, from any and all Claims and allegations relating thereto in proportion to the finding of
