Indemnification and Immunity. User shall indemnify, hold and save harmless the University, its affiliates, and subsidiaries and their past, present, and future trustees, officers, agents, and employees from all losses, claims, liabilities, suits, actions, settlements, judgments, expenses, damages, costs (including attorney fees of attorneys of the University’s choice and court costs), expenses, and all liability of any nature or kind arising out of or relating to the Event/Program and/or the User’s failure or neglect to meet any obligations under this Agreement. The University does not assume any responsibility, obligation, or liability for any damages, losses, settlement payments, legal fees, or expenses relating to any claims or allegations arising from any actions or inactions of the User or User’s associates relating to or arising from the Event/Program and/or any obligations under this Agreement. User assumes full responsibility for any and all damages, losses, legal fees, expenses, and settlement payments relating to any and all claims or allegations arising from the Event/Program and/or User’s failure or neglect to meet any obligation under this Agreement. The User agrees to maintain all required insurance coverage and limits according to the requirements for programs or activities involving minors, as provided by the University. User’s indemnification obligations and responsibility for any and all damages, losses, settlement payments, legal fees, or expenses as provided for under this provision exist even if coverage for these items and/or the conduct from which they arise is excluded under any of the User’s policies of insurance or reinsurance or if coverage under these policies has been exhausted. This provision shall survive the termination or expiration of the Agreement. No term or condition in this Agreement shall be deemed or construed as a waiver of the sovereign immunity of the University under Article I, section 14 of the Alabama Constitution, the Eleventh Amendment to the United States Constitution or any other applicable provision of law or equity and the University hereby expressly reserves the right to assert such immunity as a defense to any action or proceeding brought that relates to the Agreement.
Indemnification and Immunity. The parties are governmental entities under the Governmental Immunity Act of Utah, §§ 63G-7-101 to -904, as amended (“Act"). Subject to and consistent with the terms of the Act, the parties shall be liable for their own negligent acts or omissions, or those of their authorized employees, officers, and agents while engaged in the performance of the obligations under this Agreement, and none of the parties shall have any liability whatsoever for any negligent act or omission of the other party, its employees, officers, or agents. No party waives any defenses or limits of liability available under the Act and other applicable law. The parties maintain all privileges, immunities, and other rights granted by the Act and all other applicable law.
Indemnification and Immunity a. In accordance with the applicable provisions of law, the Board agrees to defend and indemnify the Assistant Superintendent against all uninsured financial loss arising out of any proceeding, claim, demand, suit or judgment arising out of his/her alleged acts occurring when the Assistant Superintendent was acting within the scope of their duties, or under the direction of the Superintendent and/or Board and/or its agents, and which are claimed to result in injury or damage to any persons or property. The Board shall have the right and authority to conduct the defense of any such suit or claim at any time, provided the Assistant Superintendent is held harmless from individual liability as a part of such settlement. The Assistant Superintendent, as a condition of being entitled to the defense and indemnification provided herein, shall deliver to the Clerk of the Board any summons, complaint, process, notice or pleading within ten (10) days of the time it is delivered to or received by them. The indemnification and defense obligations contained in this provision specifically excludes any claims, including those for attorneys’ fees and other expenses, incurred in connection with charges or disputes which might arise between the parties relating to this Agreement or any other matter in dispute between the parties.
Indemnification and Immunity. To the extent permitted by law and subject to the limitations on awards as published annually in the Missouri Register pursuant to Section 537.610 RSMo., as amended, each Party agrees to indemnify, defend, protect and hold harmless each of the other Parties, their elected officers, appointed officials, employees and agents, and to defend each of the other Parties from and against any loss, cost, claim, demand, damage and/or expense arising out of any demand, claim, suit or judgment for damages to property or injury to or death of persons, which may arise out of or be caused in whole or in part by the fault, failure, negligence or alleged negligence of any Party. Anything contrary contained herein notwithstanding, no provision term, or condition in this Agreement shall constitute, or be construed as, a waiver of the defenses of sovereign immunity, official immunity, or governmental immunity, by whatever name, as set forth in Section 5370600 RSMo., et seq., for any monetary amount whatsoever, or of any other defenses, how so ever named, that are, or in the future may become available the the Parties by statute or common law. This Section shall survive termination of this Agreement.
Indemnification and Immunity. A. To the extent permitted by law, Licensee shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents, from and against any claim, loss, damage, cost, injury or liability, including reasonable attorneys fees, arising out of the performance or non-performance of this Agreement or from the procuring, compiling, collecting, interpreting, producing, using, or communicating the Data or any part thereof.
Indemnification and Immunity. Dade City and St. Xxx agree, subject to the limitations contained in Section 768.28, Florida Statutes, as amended, to indemnify the other for any loss or liability arising from or resulting from the intentional and/or negligent acts of each municipality's respective employees or its agents in connection with the performance of the services enumerated within the scope of this Agreement during the term of this Agreement. Nothing contained herein shall constitute or be construed as a waiver of sovereign immunity with respect to claims, demands or suits brought by third parties or otherwise.
Indemnification and Immunity. The Company shall indemnify, defend and hold the Town harmless from and against claims, demands, liens and all liability or damage of whatsoever kind on account of or directly arising from the grant of this Franchise, the exercise by the Company of the related rights, but in both instances only to the extent caused by the Company, and shall pay the costs of defense plus reasonable attorneys’ fees. The Town shall (a) give prompt written notice to the Company of any claim, demand or lien with respect to which the Town seeks indemnification hereunder; and, (b) unless in the Town’s judgment a conflict of interest may exist between the Town and the Company with respect to such claim, demand or lien, shall permit the Company to assume the defense of such claim, demand, or lien with counsel reasonably satisfactory to the Town. If such defense is assumed by the Company, the Company shall not be subject to liability for any settlement made without its consent. If such defense is not assumed by the Company or if the Town determines that a conflict of interest exists, the parties reserve all rights to seek all remedies available in this Franchise against each other. Notwithstanding any provision hereof to the contrary, the Company shall not be obligated to indemnify, defend or hold the Town harmless to the extent any claim, demand or lien arises out of or in connection with any negligent or intentional act or failure to act of the Town or any of its officers, agents or employees or to the extent that the Town is acting in its capacity as a customer of record of the Company. Nothing in this Section 13.2 or any other provision of this Franchise shall be construed as a waiver of the notice requirements, defenses, immunities and limitations the Town may have under the Colorado Governmental Immunity Act (C.R.S. § 00-00-000, et. seq., as amended) or of any other defenses, immunities, or limitations of liability available to the Town by law. BREACH The Town and the Company agree to take all reasonable and necessary actions to assure that the terms of this Franchise are performed. The Company reserves the right to seek a change in its Tariffs, including but not limited to the rates, charges, terms, and conditions of providing Utility Service to the Town and its Residents, and the Town retains all rights that it may have to intervene and participate in any such proceedings.
Indemnification and Immunity. The Parties are governmental entities under the Governmental Immunity Act of Utah (Utah Code §63G-7-101, et seq. as amended) (the “Governmental Immunity Act”). Consistent with the terms of the Governmental Immunity Act, the Parties agree that each Party is responsible for any negligent acts or willful misconduct which it commits or which are committed by its authorized agents, officials, or employees, and that the Parties shall not have any liability whatsoever for any negligent acts or willful misconduct of the other Parties, their agents, officials, or employees. The Party do not waive any of their respective defenses or limits of liability otherwise available under the Governmental Immunity Act and all other applicable laws, and the Parties maintain all privileges, immunities, and other rights granted by the Governmental Immunity Act and all other applicable laws. The Parties agree to assume any and all legal costs for their own defense.
Indemnification and Immunity. Dade City and San Antonio agree, subject to the limitations contained in Section 768.28, Florida Statutes, as amended, to indemnify the other for any loss or liability arising from or resulting from the intentional and/or negligent acts of each municipality's respective employees or its agents in connection with the performance of the services enumerated within the scope of this Agreement during the term of this Agreement. Nothing contained herein shall constitute or be construed as a waiver of sovereign immunity with respect to claims, demands or suits brought by third parties or otherwise.
Indemnification and Immunity
