Indemnification and Release Provisions. IT IS THE PARTIES INTENT THAT THIS PROVISION IS SPECIFICALLY IN COMPLIANCE WITH ALL DISTRICT OF COLUMBIA LAWS, AND TO THE FULLEST EXTENT PERMITTED BY DISTRICT OF COLUMBIA LAW, CUSTOMER AGREES TO INDEMNIFY, RELEASE, AND SAVE COMPANY, ITS EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS OR LOSS FOR DEATH OR INJURY TO PERSONS INCLUDING COMPANY’S AND CUSTOMER’S EMPLOYEES, OF ALL LOSS, DAMAGE OR INJURY TO PROPERTY, ARISING IN ANY MANNER OUT OF CUSTOMER’S WORK OR OPERATIONS. IT IS THE PARTIES’ INTENT THAT THIS DUTY TO INDEMNIFY IS AS BROAD AS PERMITTED BY DISTRICT OF COLUMBIA LAW. – – Customer’s duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Customer shall be required to indemnify Company for Company’s own negligence or fault, whether the negligence or fault of the Company be direct, indirect or derivative in nature. The Customer’s obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Company shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Customer’s additional obligations hereunder, Customer shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time and costs of testing of property, or other items) initiated by the Company, Company’s insurance carriers or Company’s third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly Customer’s Work or Operations, whether or not such accident involves personal injury, death or damage to property or all of these.
Indemnification and Release Provisions. Each Borrower hereby agrees to defend Agent, Lenders and their directors, officers, agents, employees and attorneys from, and hold each of them harmless against, any and all losses, liabilities (including without limitation settlement costs and amounts, transfer taxes, documentary taxes, or assessments or charges made by any governmental authority), claims, damages, interests, judgments, costs, or expenses, including without limitation, reasonable fees and disbursements of attorneys, incurred by any of them arising out of or in connection with or by reason of this Agreement, the making of the Loan or any Collateral, or any other Credit Document, or related transaction, including without limitation, any and all losses, liabilities, claims, damages, interests, judgments, costs or expenses relating to or arising under any Consumer Finance Laws or Environmental Control Statute or the application of any such statute to Borrowers’ properties or assets. Each Borrower hereby releases Agent, Lenders and their respective directors, officers, agents, employees and attorneys from any and all claims for loss, damages, costs or expenses caused or alleged to be caused by any act or omission on the part of any of them, other than such loss, damage cost or expense which has been determined by a court of competent jurisdiction to have been caused by the breach of contract, gross negligence or willful misconduct of Agent and Lenders. All obligations provided for in this Section 10.1 shall survive any termination of this Agreement or the Commitments and the repayment of the Loan.
Indemnification and Release Provisions. IT IS THE PARTIES INTENT THAT THIS PROVISION IS SPECIFICALLY IN COMPLIANCE WITH ALL ALASKA LAWS including AK§45.45.900,, AND TO THE FULLEST EXTENT PERMITTED BY ALASKA LAW, XXXXXX AGREES TO INDEMNIFY, RELEASE, AND SAVE LESSOR, ITS EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS OR LOSS FOR DEATH OR INJURY TO PERSONS INCLUDING XXXXXX’S AND XXXXXX’S EMPLOYEES, OF ALL LOSS, DAMAGE OR INJURY TO PROPERTY, INCLUDING THE EQUIPMENT, ARISING IN ANY MANNER OUT OF LESSEE’S OPERATION OR USE OF THE EQUIPMENT. XXXXXX’S OBLIGATION TO INDEMNIFY SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, INDEMNITY FOR ANY AND ALL LIABILITY OF LESSOR ARISING OUT OF ANY STATUTE, REGULATION OR DUTY IMPOSED BY LAW. XXXXXX’S OBLIGATION TO INDEMNIFY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO, XXXXXX’S COMPLETE SCOPE OF WORK, INCLUDING ALL SERVICES, ADVICE, RECOMMENDATIONS, PLANS AND SPECIFICATIONS PROVIDED. IT IS THE PARTIES’ INTENT THAT THIS DUTY TO INDEMNIFY IS AS BROAD AS PERMITTED BY ALASKA LAW. -- Lessee’s duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Lessee is required to indemnify Lessor for Xxxxxx’s own negligence or fault, whether the negligence or fault of the Lessor be direct, indirect or derivative in nature. However, the Lessee is not required to indemnify Lessor for any claim from the sole negligence or willful misconduct of the Lessee or the Lessee’s agents, servants or independent contractors who are directly responsible to the Lessee. The Lessee’s obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee’s additional obligations hereunder, but only to the full extent permitted by law, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, Eq...
Indemnification and Release Provisions. (a) In consideration for being permitted to use the facilities of the City (Applicant) agrees to indemnify and hold harmless and expressly exempts and releases the City of Sterling, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims and demands, which are incurred, made or brought by any person or entity on account of damage, loss, or injury, including without limitation claims arising from property loss or damage, bodily injury, personal injury, sickness, disease, death, or any other loss or any other kind whatsoever, which arise out of or are in any manner connected with the use of the facilities, whether any such liability, claims, or demands result from the act, omission, negligence or other fault on the part of the City, its officers or its employees or from any other cause whatsoever.
Indemnification and Release Provisions. Borrowers hereby agree to defend Agent and each Lender and its respective directors, officers, agents and employees from, and hold each of them harmless against, any and all losses, liabilities (including, without limitation, settlement costs and amounts, transfer taxes, documentary taxes, or assessments or charges made by any governmental authority), claims, damages, interests, judgments, costs, or expenses, including without limitation reasonable fees and disbursements of counsel incurred by any of them arising out of or in connection with or by reason of this Agreement, the Commitment, the making of the Loan or any Collateral Security Document, including without limitation, any and all losses, liabilities, claims, damages, interests, judgments, costs or expenses relating to or arising under any Environmental Control Statute or License or the application of any such Statute to any of Borrowers' properties or assets, excluding, however, those caused by such party's respective gross negligence or willful misconduct. Borrowers hereby release Agent and each Lender and its respective directors, officers, agents and employees from any and all claims for loss, damages, costs or expenses caused or alleged to be caused by any act or omission on the part of any of them except for those caused by such party's respective gross negligence or willful misconduct. All obligations provided for in this Paragraph 10.1 shall survive any termination of this Agreement or the Commitment and the repayment of the Loan.
Indemnification and Release Provisions. 67 9.2. Participations and Assignments................................ 67 9.3. Binding and Governing Law..................................... 68 9.4. Survival...................................................... 68 9.5. No Waiver; Delay.............................................. 68 9.6. Modification.................................................. 68 9.7. Headings...................................................... 68 9.8. Notices....................................................... 68 9.9. Payment on Non-Business Days.................................. 69 9.10. Time of Day................................................... 69 9.11. Severability.................................................. 69 9.12. Counterparts.................................................. 69 9.13. Confidentiality............................................... 69 9.14. Consent to Jurisdiction and Service of Process................ 70 9.15.
Indemnification and Release Provisions. Each Borrower hereby agrees to defend Agent, Lenders and their directors, officers, agents, employees and attorneys from, and hold each of them harmless against, any and all losses, liabilities (including without limitation settlement costs and amounts, transfer taxes, documentary taxes, or assessments or charges made by any governmental authority), claims, damages, interests, judgments, costs, or expenses, including without limitation fees and disbursements of attorneys, incurred by any of them arising out of or in connection with or by reason of (a) this Agreement, the making of the Loan or any Collateral, or any other Credit Document, including without limitation, any and all losses, liabilities, claims, damages, interests, judgments, costs or expenses relating to or arising under any Consumer Finance Laws or Environmental Control Statute or the application of any such statute to Borrower’s properties or assets and (b) the creation, generation, communication or storage of records by electronic means, the utilization by Borrowers of the RouteOne LLC services and its “Paper-In”, “Paper Out” and “Transfer of Control” processes for electronic Records, the negligence, fraudulent or willful misconduct of the Electronic Collateral Custodian in connection with any Collateral which is currently, or was formerly, evidenced by an electronic record. Each Borrower hereby releases Agent, Lenders and their respective directors, officers, agents, employees and attorneys from any and all claims for loss, damages, costs or expenses caused or alleged to be caused by any act or omission on the part of any of them, other than such loss, damage cost or expense which has been determined by a court of competent jurisdiction to have been caused by the gross negligence or willful misconduct of Agent and Lenders. All obligations provided for in this Section 10.1 shall survive any termination of this Agreement or the Commitments and the repayment of the Loan.
Indemnification and Release Provisions. IT IS THE PARTIES INTENT THAT THIS PROVISION IS SPECIFICALLY IN COMPLIANCE WITH ALL COLORADO LAWS, AND TO THE FULLEST EXTENT PERMITTED BY COLORADO LAW, CUSTOMER AGREES TO INDEMNIFY, RELEASE, AND SAVE COMPANY, ITS EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS OR LOSS FOR DEATH OR INJURY TO PERSONS INCLUDING COMPANY’S AND CUSTOMER’S EMPLOYEES, OF ALL LOSS, DAMAGE OR INJURY TO PROPERTY, ARISING IN ANY MANNER OUT OF CUSTOMER’S WORK OR OPERATIONS. IT IS THE PARTIES’ INTENT THAT THIS DUTY TO INDEMNIFY IS AS BROAD AS PERMITTED BY COLORADO LAW. It is the
Indemnification and Release Provisions. Borrower hereby agrees -------------------------------------- to defend Agent and each Lender and their directors, officers, agents, employees and counsel from, and hold each of them harmless against, any and all losses, liabilities (including without limitation settlement costs and amounts, transfer taxes, documentary taxes, or assessments or charges made by any governmental authority), claims, damages, interest judgments, costs, or expenses, including without limitation reasonable fees and disbursements of counsel, incurred by any of them arising out of or in connection with or by reason of this Agreement, the Revolving Credit Commitment, the making of the Loans or any Collateral therefor, other than those resulting from any such party's own wilful misconduct or gross negligence, including without limitation, any and all losses, liabilities, claims, damages, interests, judgments, costs or expenses relating to or arising under any Environmental Law. Borrower hereby releases Agent and each Lender and their directors, officers, agents, employees and counsel from any and all claims for loss, damages, costs or expenses caused or alleged to be caused by any act or omission on the part of any of them other than those resulting from any such party's own wilful misconduct or gross negligence. All obligations provided for in this Paragraph 9.1 shall survive any termination of this Agreement or the Revolving Credit Commitment and the repayment of the Loans.
Indemnification and Release Provisions. Borrowers hereby agree to defend Lender and its directors, officers, agents, employees and counsel from, and hold each of them harmless against, any and all losses, liabilities (including without limitation settlement costs and amounts, transfer taxes, documentary taxes, or assessments or charges made by any governmental authority), claims, damages, interest judgments, costs, or expenses, including, without limitation, reasonable fees and disbursements of counsel, incurred by any of them arising out of claims by any third party relating to or in connection with or by reason of this Agreement, the other Financing Agreements, the issuance or negotiation of any Letter of Credit Accommodations, the making of any Loan or any Collateral, other than those resulting primarily from any such party's own wilful misconduct or gross negligence, including without limitation, any and all losses, liabilities, claims, damages, interests, judgments, costs or expenses relating to or arising under any Environmental Control Statute or the application of any such Statute to any of the Borrowers' properties or assets. Borrowers hereby release Lender and its directors, officers, agents, employees and counsel from any and all claims for loss, damages, costs or expenses caused or alleged to be caused by any act or omission on the part of any of them other than those resulting primarily from any such party's own wilful misconduct or gross negligence. All obligations provided for in this Section 12.2 shall survive any termination of this Agreement and the repayment of the Obligations.
