Common use of Indemnification and Payment of Losses by StadCo Clause in Contracts

Indemnification and Payment of Losses by StadCo. Subject to Section 5.2(b) (General Insurance Requirements/Waiver of Right of Recovery), StadCo shall, and does hereby, indemnify, defend, and hold harmless the Authority Indemnified Persons for, and shall pay to the Authority Indemnified Persons the amount of any Losses involving any third-party claim arising, directly or indirectly, from or in connection with or alleged to arise out of or any way incidental to any of the following: (a) any use, occupancy or operation of the Premises by or on behalf of StadCo or any StadCo Related Party, or any invitee or guest of StadCo during the Term, or during any period of time, if any, before or after the Term that StadCo may have had possession of the Premises, including any access prior to the Term Commencement Date; (b) any breach of any representation or warranty made by StadCo in this Agreement or in any schedule or exhibit attached hereto or any other certificate or document delivered by StadCo to the Authority pursuant to this Agreement; (c) any breach by StadCo of any covenant or obligation of StadCo in this Agreement; (d) any claim by any Person for Losses in connection with the violation by XxxxXx of any Applicable Laws; (e) liens by third Persons against the Authority or any Authority Indemnified Person, or any of their Property, because of labor, services, or materials furnished to StadCo, its contractors, subcontractors or assignees, in connection with any work in, on or about the Premises; (f) the negligence or willful act or omission of StadCo or StadCo’s Related Parties; or (g) any Environmental Complaint regarding or relating in any way to Premises which is required to be covered by the StadCo Remedial Work. The foregoing indemnity includes StadCo’s agreement to pay all reasonable costs and expenses of defense, including reasonable attorneys’ fees, incurred by any Authority Indemnified Person. This indemnity shall apply without limitation to any liabilities imposed on any party indemnified hereunder as a result of any statute, rule regulation or theory of strict liability. This indemnification shall not be limited to damages, compensation or benefits payable under insurance policies, workers’ compensation acts, disability benefit acts or other employee benefit acts. Although StadCo has caused the Authority to be named as loss payee or additional insured under StadCo’s insurance policies, StadCo’s liability under this indemnification provision shall not be limited to the liability limits set forth in such policies. Notwithstanding the foregoing, this Section 10.2 (Indemnification and Payment of Losses by StadCo) does not require StadCo to indemnify and defend the Authority Indemnified Persons for Losses resulting from willful misconduct or grossly negligent acts or omissions of the Authority Indemnified Persons. If StadCo fails to make any payment of any sums payable by StadCo to the Authority Indemnified Persons on the date due, which failure shall continue for thirty (30) days, then such payment shall bear interest at the Default Rate, payable from the date such payment was fixed and due to the date of payment thereof.

Appears in 2 contracts

Samples: Stadium Lease Agreement, Stadium Lease Agreement

AutoNDA by SimpleDocs

Indemnification and Payment of Losses by StadCo. Subject to Section 5.2(b) (General Insurance Requirements/Waiver of Right of Recovery), StadCo shall, and does hereby, indemnify, defend, defend and hold harmless the Authority Indemnified Persons for, and shall pay to the Authority Indemnified Persons the amount of any Losses involving any third-party claim arising, directly or indirectly, from or in connection with or alleged to arise out of or any way incidental to any of the following:following:‌ (a) any use, occupancy or operation of the Premises by or on behalf of StadCo or any StadCo Related Party, or any invitee or guest of StadCo during the Term, or during any period of time, if any, before or after the Term that StadCo may have had possession of the Premises, including any access prior to the Term Commencement Date; (b) any breach of any representation or warranty made by StadCo in this Agreement or in any schedule or exhibit attached hereto or any other certificate or document delivered by StadCo to the Authority pursuant to this Agreement; (c) any breach by StadCo of any covenant or obligation of StadCo in this Agreement; (d) any claim by any Person for Losses in connection with the violation by XxxxXx StadCo of any Applicable Laws; (e) liens by third Persons against the Authority or any Authority Indemnified Person, or any of their Property, because of labor, services, or materials furnished to StadCo, its contractors, subcontractors or assignees, in connection with any work in, on or about the Premises; (f) the negligence or willful act or omission of StadCo or StadCo’s Related Parties; or (g) any Environmental Complaint regarding or relating in any way to Premises which is required to be covered by the StadCo Remedial Work. The foregoing indemnity includes StadCo’s agreement to pay all reasonable costs and expenses of defense, including reasonable attorneys’ fees, incurred by any Authority Indemnified Person. This indemnity shall apply without limitation to any liabilities imposed on any party indemnified hereunder as a result of any statute, rule regulation or theory of strict liability. This indemnification shall not be limited to damages, compensation or benefits payable under insurance policies, workers’ compensation acts, disability benefit acts or other employee benefit acts. Although StadCo has caused the Authority to be named as loss payee or additional insured under StadCo’s insurance policies, StadCo’s liability under this indemnification provision shall not be limited to the liability limits set forth in such policies. Notwithstanding the foregoing, this Section 10.2 (Indemnification and Payment of Losses by StadCo) does not require StadCo to indemnify and defend the Authority Indemnified Persons for Losses resulting from willful misconduct or grossly negligent acts or omissions of the Authority Indemnified Persons. If StadCo fails to make any payment of any sums payable by StadCo to the Authority Indemnified Persons on the date due, which failure shall continue for thirty (30) days, then such payment shall bear interest at the Default Rate, payable from the date such payment was fixed and due to the date of payment thereof.

Appears in 2 contracts

Samples: Stadium Lease Agreement, Stadium Lease Agreement

Indemnification and Payment of Losses by StadCo. Subject to Section 5.2(b) (General Insurance Requirements/Waiver of Right of Recovery)13.7, StadCo shall, and does hereby, indemnify, defend, and hold harmless the Authority Indemnified Persons for, and shall pay to the Authority Indemnified Persons the amount of of, any Losses involving any third-party claim arising, directly or indirectly, from or in connection with or alleged to arise out of or any way incidental to any of the following: (a) any the demolition, construction, use, occupancy occupancy, or operation of on or off the Premises Land or the Project Improvements by or on behalf of StadCo or any StadCo Related Party, or any invitee or guest of StadCo during the Project Term, or during any period of time, if any, before or after the Project Term that StadCo may have had possession of the Premises, including any access prior to the Term Commencement DateLand; (b) any breach of any representation or warranty made by StadCo in this Agreement or in any schedule or exhibit attached hereto or any other certificate or document delivered by StadCo to the Authority pursuant to this Agreement; (c) any breach by StadCo of any covenant or obligation of StadCo in this Agreement; (d) any claim by any Person for Losses in connection with the violation by XxxxXx StadCo of any Applicable Laws; (e) liens Liens by third Persons against the Authority or any Authority Indemnified Person, or any of their Property, because of labor, services, or materials furnished to StadCo, its contractors, subcontractors subcontractors, or assignees, in connection with any work at, in, on on, or about under the PremisesLand; (f) the negligence or willful act or omission of StadCo or StadCo’s Related Parties; or (g) any Environmental Complaint Event regarding or relating in any way to Premises the Land or the Project Improvements which is required to be covered by the StadCo Remedial Work. The foregoing indemnity includes StadCo’s agreement to pay all reasonable costs and expenses of defense, including reasonable attorneys’ fees, incurred by any Authority Indemnified Person. This indemnity shall apply without limitation to any liabilities imposed on any party indemnified hereunder as a result of any statute, rule regulation or theory of strict liability. This indemnification shall not be limited to damages, compensation compensation, or benefits payable under insurance policies, workers’ compensation acts, disability benefit acts or other employee benefit acts. Although StadCo has caused the Authority to be named as loss payee or an additional insured under StadCo’s insurance policies, StadCo’s liability under this indemnification provision shall not be limited to the liability limits set forth in such policies. Notwithstanding the foregoing, this Section 10.2 (Indemnification and Payment of Losses by StadCo) 13.9 does not require StadCo to indemnify and defend the Authority Indemnified Persons for Losses resulting from willful misconduct or grossly negligent acts or omissions of the Authority Indemnified Persons. If StadCo fails to make any payment of any sums payable by StadCo to the Authority Indemnified Persons on the date due, which failure shall continue for thirty (30) days, then such payment shall bear interest at the Default Rate, payable from the date such payment was fixed and due to the date of payment thereof.

Appears in 1 contract

Samples: Development Agreement

Indemnification and Payment of Losses by StadCo. Subject to Section 5.2(b) (General Insurance Requirements/Waiver of Right of Recovery), StadCo shall, and does hereby, indemnify, defend, and hold harmless the Authority Indemnified Persons for, and shall pay to the Authority Indemnified Persons the amount of any Losses involving any third-party claim arising, directly or indirectly, from or in connection with or alleged to arise out of or any way incidental to any of the following:Section (a) any use, occupancy or operation of the Premises by or on behalf of StadCo or any StadCo Related Party, or any invitee or guest of StadCo during the Term, or during any period of time, if any, before or after the Term that StadCo may have had possession of the Premises, including any access prior to the Term Commencement Date; (b) any breach of any representation or warranty made by StadCo in this Agreement or in any schedule or exhibit attached hereto or any other certificate or document delivered by StadCo to the Authority pursuant to this Agreement; (c) any breach by StadCo of any covenant or obligation of StadCo in this Agreement; (d) any claim by any Person for Losses in connection with the violation by XxxxXx StadCo of any Applicable Laws; (e) liens by third Persons against the Authority or any Authority Indemnified Person, or any of their Property, because of labor, services, or materials furnished to StadCo, its contractors, subcontractors or assignees, in connection with any work in, on or about the Premises; (f) or (g) the negligence or willful act or omission of StadCo or StadCo’s Related Parties; or (g) any Environmental Complaint regarding or relating in any way to Premises which is required to be covered by the StadCo Remedial Work. The foregoing indemnity includes StadCo’s agreement to pay all reasonable costs and expenses of defense, including reasonable attorneys’ fees, incurred by any Authority Indemnified Person. This indemnity shall apply without limitation to any liabilities imposed on any party indemnified hereunder as a result of any statute, rule regulation or theory of strict liability. This indemnification shall not be limited to damages, compensation or benefits payable under insurance policies, workers’ compensation acts, disability benefit acts or other employee benefit acts. Although StadCo has caused the Authority to be named as loss payee or additional insured under StadCo’s insurance policies, StadCo’s liability under this indemnification provision shall not be limited to the liability limits set forth in such policies. Notwithstanding the foregoing, this Section 10.2 (Indemnification and Payment of Losses by StadCo) does not require StadCo to indemnify and defend the Authority Indemnified Persons for Losses resulting from willful misconduct or grossly negligent acts or omissions of the Authority Indemnified Persons. If StadCo fails to make any payment of any sums payable by StadCo to the Authority Indemnified Persons on the date due, which failure shall continue for thirty (30) days, then such payment shall bear interest at the Default Rate, payable from the date such payment was fixed and due to the date of payment thereof.

Appears in 1 contract

Samples: Stadium Lease Agreement

Indemnification and Payment of Losses by StadCo. Subject to Section 5.2(b) (General Insurance Requirements/Waiver of Right of Recovery), StadCo shall, and does hereby, indemnify, defend, and hold harmless the Authority Indemnified Persons for, and shall pay to the Authority Indemnified Persons the amount of any Losses involving any third-party claim arising, directly or indirectly, from or in connection with or alleged to arise out of or any way incidental to any of the following:Section (a) any demolition, construction, use, occupancy or operation of on or off the Premises Land or the Project Improvements by or on behalf of StadCo or any StadCo Related Party, or any invitee or guest of StadCo during the Project Term, or during any period of time, if any, before or after the Project Term that StadCo may have had possession of the Premises, including any access prior to the Term Commencement DateLand; (b) any breach of any representation or warranty made by StadCo in this Agreement or in any schedule or exhibit attached hereto or any other certificate or document delivered by StadCo to the Authority pursuant to this Agreement; (c) any breach by StadCo of any covenant or obligation of StadCo in this Agreement; (d) any claim by any Person for Losses in connection with the violation by XxxxXx of any Applicable Laws; (e) liens Liens by third Persons against the Authority or any Authority Indemnified Person, or any of their Property, because of labor, services, services or materials furnished to StadCo, its contractors, subcontractors or assignees, in connection with any work at, in, on or about under the PremisesLand; (f) or (g) the negligence or willful act or omission of StadCo or StadCo’s Related Parties; or (g) any Environmental Complaint Event regarding or relating in any way to Premises the Land or the Project Improvements which is required to be covered by the StadCo Remedial Work. The foregoing indemnity includes StadCo’s agreement to pay all reasonable costs and expenses of defense, including reasonable attorneys’ fees, incurred by any Authority Indemnified Person. This indemnity shall apply without limitation to any liabilities imposed on any party indemnified hereunder as a result of any statute, rule regulation or theory of strict liability. This indemnification shall not be limited to damages, compensation or benefits payable under insurance policies, workers’ compensation acts, disability benefit acts or other employee benefit acts. Although StadCo has caused the Authority to be named as loss payee or an additional insured under StadCo’s insurance policies, StadCo’s liability under this indemnification provision shall not be limited to the liability limits set forth in such policies. Notwithstanding the foregoing, this Section 10.2 (Indemnification and Payment of Losses by StadCo) 13.9 does not require StadCo to indemnify and defend the Authority Indemnified Persons for Losses resulting from willful misconduct or grossly negligent acts or omissions of the Authority Indemnified Persons. If StadCo fails to make any payment of any sums payable by StadCo to the Authority Indemnified Persons on the date due, which failure shall continue for thirty (30) days, then such payment shall bear interest at the Default Rate, payable from the date such payment was fixed and due to the date of payment thereof.

Appears in 1 contract

Samples: Development Agreement

Indemnification and Payment of Losses by StadCo. Subject to Section 5.2(b) (General Insurance Requirements/Waiver of Right of Recovery), StadCo shall, and does hereby, indemnify, defend, and hold harmless the Authority Indemnified Persons for, and shall pay to the Authority Indemnified Persons the amount of any Losses involving any third-party claim arising, directly or indirectly, from or in connection with or alleged to arise out of or any way incidental to any of the following: (a) any use, occupancy or operation of the Premises by or on behalf of StadCo or any StadCo Related Party, or any invitee or guest of StadCo during the Term, or during any period of time, if any, before or after the Term that StadCo may have had possession of the Premises, including any access prior to the Term Commencement Date; (b) any breach of any representation or warranty made by StadCo in this Agreement or in any schedule or exhibit attached hereto or any other certificate or document delivered by StadCo to the Authority pursuant to this Agreement; (c) any breach by StadCo of any covenant or obligation of StadCo in this Agreement; (d) any claim by any Person for Losses in connection with the violation by XxxxXx StadCo of any Applicable Laws; (e) liens by third Persons against the Authority or any Authority Indemnified Person, or any of their Property, because of labor, services, or materials furnished to StadCo, its contractors, subcontractors or assignees, in connection with any work in, on or about the Premises; (f) the negligence or willful act or omission of StadCo or StadCo’s Related Parties; or (g) any Environmental Complaint regarding or relating in any way to Premises which is required to be covered by the StadCo Remedial Work. The foregoing indemnity includes StadCo’s agreement to pay all reasonable costs and expenses of defense, including reasonable attorneys’ fees, incurred by any Authority Indemnified Person. This indemnity shall apply without limitation to any liabilities imposed on any party indemnified hereunder as a result of any statute, rule regulation or theory of strict liability. This indemnification shall not be limited to damages, compensation or benefits payable under insurance policies, workers’ compensation acts, disability benefit acts or other employee benefit acts. Although StadCo has caused the Authority to be named as loss payee or additional insured under StadCo’s insurance policies, StadCo’s liability under this indemnification provision shall not be limited to the liability limits set forth in such policies. Notwithstanding the foregoing, this Section 10.2 (Indemnification and Payment of Losses by StadCo) does not require StadCo to indemnify and defend the Authority Indemnified Persons for Losses resulting from willful misconduct or grossly negligent acts or omissions of the Authority Indemnified Persons. If StadCo fails to make any payment of any sums payable by StadCo to the Authority Indemnified Persons on the date due, which failure shall continue for thirty (30) days, then such payment shall bear interest at the Default Rate, payable from the date such payment was fixed and due to the date of payment thereof.

Appears in 1 contract

Samples: Stadium Lease Agreement

AutoNDA by SimpleDocs

Indemnification and Payment of Losses by StadCo. Subject to Section 5.2(b) (General Insurance Requirements/Waiver of Right of Recovery), StadCo shall, and does hereby, indemnify, defend, and hold harmless the Authority Indemnified Persons for, and shall pay to the Authority Indemnified Persons the amount of any Losses involving any third-party claim arising, directly or indirectly, from or in connection with or alleged to arise out of or any way incidental to any of the following: (a) any use, occupancy or operation of the Premises by or on behalf of StadCo or any StadCo Related Party, or any invitee or guest of StadCo during the Term, or during any period of time, if any, before or after the Term that StadCo may have had possession of the Premises, including any access prior to the Term Commencement Date; (b) any breach of any representation or warranty made by StadCo in this Agreement or in any schedule or exhibit attached hereto or any other certificate or document delivered by StadCo to the Authority pursuant to this Agreement; (c) any breach by StadCo of any covenant or obligation of StadCo in this Agreement; (d) any claim by any Person for Losses in connection with the violation by XxxxXx of any Applicable Laws; (e) liens by third Persons against the Authority or any Authority Indemnified Person, or any of their Property, because of labor, services, or materials furnished to StadCo, its contractors, subcontractors or assignees, in connection with any work in, on or about the Premises; (f) or (g) the negligence or willful act or omission of StadCo or StadCo’s Related Parties; or (g) any Environmental Complaint regarding or relating in any way to Premises which is required to be covered by the StadCo Remedial Work. The foregoing indemnity includes StadCo’s agreement to pay all reasonable costs and expenses of defense, including reasonable attorneys’ fees, incurred by any Authority Indemnified Person. This indemnity shall apply without limitation to any liabilities imposed on any party indemnified hereunder as a result of any statute, rule regulation or theory of strict liability. This indemnification shall not be limited to damages, compensation or benefits payable under insurance policies, workers’ compensation acts, disability benefit acts or other employee benefit acts. Although StadCo has caused the Authority to be named as loss payee or additional insured under StadCo’s insurance policies, StadCo’s liability under this indemnification provision shall not be limited to the liability limits set forth in such policies. Notwithstanding the foregoing, this Section 10.2 (Indemnification and Payment of Losses by StadCo) does not require StadCo to indemnify and defend the Authority Indemnified Persons for Losses resulting from willful misconduct or grossly negligent acts or omissions of the Authority Indemnified Persons. If StadCo fails to make any payment of any sums payable by StadCo to the Authority Indemnified Persons on the date due, which failure shall continue for thirty (30) days, then such payment shall bear interest at the Default Rate, payable from the date such payment was fixed and due to the date of payment thereof.

Appears in 1 contract

Samples: Stadium Lease Agreement

Indemnification and Payment of Losses by StadCo. Subject to Section 5.2(b) (General Insurance Requirements/Waiver of Right of Recovery), StadCo shall, and does hereby, indemnify, defend, defend and hold harmless the Authority Indemnified Persons for, and shall pay to the Authority Indemnified Persons the amount of any Losses involving any third-party claim arising, directly or indirectly, from or in connection with or alleged to arise out of or any way incidental to any of the following: (a) any use, occupancy or operation of the Premises by or on behalf of StadCo or any StadCo Related Party, or any invitee or guest of StadCo during the Term, or during any period of time, if any, before or after the Term that StadCo may have had possession of the Premises, including any access prior to the Term Commencement Date; (b) any breach of any representation or warranty made by StadCo in this Agreement or in any schedule or exhibit attached hereto or any other certificate or document delivered by StadCo to the Authority pursuant to this Agreement; (c) any breach by StadCo of any covenant or obligation of StadCo in this Agreement; (d) any claim by any Person for Losses in connection with the violation by XxxxXx StadCo of any Applicable Laws; (e) liens by third Persons against the Authority or any Authority Indemnified Person, or any of their Property, because of labor, services, or materials furnished to StadCo, its contractors, subcontractors or assignees, in connection with any work in, on or about the Premises; (f) the negligence or willful act or omission of StadCo or StadCo’s Related Parties; or (g) any Environmental Complaint regarding or relating in any way to Premises which is required to be covered by the StadCo Remedial Work. The foregoing indemnity includes StadCo’s agreement to pay all reasonable costs and expenses of defense, including reasonable attorneys’ fees, incurred by any Authority Indemnified Person. This indemnity shall apply without limitation to any liabilities imposed on any party indemnified hereunder as a result of any statute, rule regulation or theory of strict liability. This indemnification shall not be limited to damages, compensation or benefits payable under insurance policies, workers’ compensation acts, disability benefit acts or other employee benefit acts. Although StadCo has caused the Authority to be named as loss payee or additional insured under StadCo’s insurance policies, StadCo’s liability under this indemnification provision shall not be limited to the liability limits set forth in such policies. Notwithstanding the foregoing, this Section 10.2 (Indemnification and Payment of Losses by StadCo) does not require StadCo to indemnify and defend the Authority Indemnified Persons for Losses resulting from willful misconduct or grossly negligent acts or omissions of the Authority Indemnified Persons. If StadCo fails to make any payment of any sums payable by StadCo to the Authority Indemnified Persons on the date due, which failure shall continue for thirty (30) days, then such payment shall bear interest at the Default Rate, payable from the date such payment was fixed and due to the date of payment thereof.

Appears in 1 contract

Samples: Stadium Lease Agreement

Indemnification and Payment of Losses by StadCo. Subject to Section 5.2(b) (General Insurance Requirements/Waiver of Right of Recovery), StadCo shall, and does hereby, indemnify, defend, and hold harmless the Authority Indemnified Persons for, and shall pay to the Authority Indemnified Persons the amount of any Losses involving any third-party claim arising, directly or indirectly, from or in connection with or alleged to arise out of or any way incidental to any of the following:Section (a) any demolition, construction, use, occupancy or operation of on or off the Premises Land or the Project Improvements by or on behalf of StadCo or any StadCo Related Party, or any invitee or guest of StadCo during the Project Term, or during any period of time, if any, before or after the Project Term that StadCo may have had possession of the Premises, including any access prior to the Term Commencement DateLand; (b) any breach of any representation or warranty made by StadCo in this Agreement or in any schedule or exhibit attached hereto or any other certificate or document delivered by StadCo to the Authority pursuant to this Agreement; (c) any breach by StadCo of any covenant or obligation of StadCo in this Agreement; (d) any claim by any Person for Losses in connection with the violation by XxxxXx StadCo of any Applicable Laws; (e) liens Liens by third Persons against the Authority or any Authority Indemnified Person, or any of their Property, because of labor, services, services or materials furnished to StadCo, its contractors, subcontractors or assignees, in connection with any work at, in, on or about under the PremisesLand; (f) or (g) the negligence or willful act or omission of StadCo or StadCo’s Related Parties; or (g) any Environmental Complaint Event regarding or relating in any way to Premises the Land or the Project Improvements which is required to be covered by the StadCo Remedial Work. CONFIDENTIAL The foregoing indemnity includes StadCo’s agreement to pay all reasonable costs and expenses of defense, including reasonable attorneys’ fees, incurred by any Authority Indemnified Person. This indemnity shall apply without limitation to any liabilities imposed on any party indemnified hereunder as a result of any statute, rule regulation or theory of strict liability. This indemnification shall not be limited to damages, compensation or benefits payable under insurance policies, workers’ compensation acts, disability benefit acts or other employee benefit acts. Although StadCo has caused the Authority to be named as loss payee or an additional insured under StadCo’s insurance policies, StadCo’s liability under this indemnification provision shall not be limited to the liability limits set forth in such policies. Notwithstanding the foregoing, this Section 10.2 (Indemnification and Payment of Losses by StadCo) 13.9 does not require StadCo to indemnify and defend the Authority Indemnified Persons for Losses resulting from willful misconduct or grossly negligent acts or omissions of the Authority Indemnified Persons. If StadCo fails to make any payment of any sums payable by StadCo to the Authority Indemnified Persons on the date due, which failure shall continue for thirty (30) days, then such payment shall bear interest at the Default Rate, payable from the date such payment was fixed and due to the date of payment thereof.

Appears in 1 contract

Samples: Development Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!