Indemnification and Waivers. To the extent of any applicable commercial insurance policies, Port and County waive their respective rights of recovery, claims, actions or causes of action against the other for any loss or damage to their respective real property interests or any personal property of such Party. Each Party shall cause each commercial insurance policy obtained by it to provide that the insurance company waives all right to recovery by way of subrogation against the other Party; provided, however, that this Section 11.B. shall be inapplicable if it would have the effect of invalidating any insurance coverage of Port or County. This Section 11.B shall not in any way apply to or serve to diminish or alter the provisions of Section 13 of this Easement.
Indemnification and Waivers. (a) If Beneficiary is made a party to any litigation or proceeding concerning this Deed of Trust or the Mortgaged Property or any part thereof or interest therein, or the use or occupancy thereof, then Trustor shall indemnify and defend Beneficiary against and hold Beneficiary harmless from all claims, demands, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees and expenses, incurred by Beneficiary in any such litigation or proceeding, whether or not any such litigation or proceeding is prosecuted to judgment. If Beneficiary commences an action against Trustor to enforce this Deed of Trust or because of the breach by Trustor of this Deed of Trust, or for the recovery of any sum secured hereby, Trustor shall pay to Beneficiary reasonable attorneys' fees and expenses, and the right to such attorneys' fees and expenses shall be deemed to have accrued on the commencement of such action, and shall be enforceable whether or not such action is prosecuted to judgment. If Trustor breaches any covenant or agreement in this Deed of Trust, Beneficiary may employ an attorney or attorneys to protect its rights hereunder and, in the event of such employment following any breach by Trustor, Trustor shall, on demand, pay to Beneficiary reasonable attorneys' fees and expenses incurred by Beneficiary, together with interest thereon from the date of expenditure until paid at the Interest Rate, whether or not an action is actually commenced against Trustor by reason of such breach.
(b) Trustor waives any and all right to claim or recover against Beneficiary, its directors, officers, employees, agents and representatives, for loss of or damage to Trustor, the Mortgaged Property, Trustor's property or the property of others under Trustor's control from any cause insured against or required to be insured against by this Deed of Trust.
(c) All sums payable by Trustor hereunder shall be paid without notice, demand, counterclaim, setoff, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Trustor hereunder shall in no way be released, discharged or otherwise affected (except as expressly provided herein) by reason of: (i) any damage to or destruction or any condemnation or similar taking of the Mortgaged Property or any part thereof; (ii) any restriction or prevention of or interference with any use of the Mortgaged Property or any part thereof; (iii) any title defect o...
Indemnification and Waivers. Consultant shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance of its obligations under this agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this agreement, the Consultant shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.
Indemnification and Waivers. (a) To the fullest extent permitted by law, Tenant will Indemnify Landlord Parties against all Losses and Liabilities arising from (a) any Personal Injury, Bodily Injury or Property Damage (each term as defined in the form of commercial general insurance policy issued by Insurance Services Office, Inc. most recently prior to the date of the injury or loss in question) whatsoever occurring in or at the Premises; (b) any Bodily Injury to an employee of a Tenant Party arising out of and in the course of employment of the employee and occurring anywhere in the Premises; (c) the use or occupancy, or manner of use or occupancy, or conduct or management of the Premises or of any business thereon; (d) any act, error, omission or negligence of any of the Tenant Parties in, on or about the Premises; (e) the conduct of Tenant's business; (f) any alterations, activities, work or things done, omitted, permitted or allowed by Tenant Parties in, at or about the Premises, including the violation of or failure to comply with, or the alleged violation of or alleged failure to comply with any laws, now existing or hereafter enacted, promulgated or issued after the Effective Date of this Lease, including Environmental Laws; (g) all damages sustained by Landlord as a result of any holdover by Tenant or any Tenant Party upon any part of the Premises including, but not limited to, any claims by another tenant resulting from a delay by Landlord in delivering possession of the Premises to such tenant; (h) any liens or encumbrances arising out of any work performed or materials furnished to the Premises after the Effective Date; (i) commissions or other compensation or charges claimed by any real estate broker or agent, with respect to this Lease by, through or, under Tenant; or (j) transfer taxes, brokerage commissions, leasing commissions or increases in Real Estate Taxes against the Development resulting from any transfer of the Premises, this Lease, any interest of Tenant in either the Premises or this Lease, or any combination of the foregoing by Tenant, except to the extent such Loss or Liability is a result of Landlord's gross negligence or willful misconduct.
(b) To the fullest extent permitted by law, Tenant, on behalf of all Tenant Parties, Waives all Claims against Landlord Parties arising from the following: (a) any Personal Injury, Bodily Injury or Property Damage occurring in or at the Premises; (b) any loss of or damage to property of a Tenant Party located in the Pr...
Indemnification and Waivers. Lessee shall indemnify, defend, hold harmless, and hereby waives any claims for contribution against, Lessor for any Damages (excluding Damages caused by Lessor and his agents and events or conditions existing prior to the Lease commencement date) to the extent they arise from:
(a) events or conditions which existed on or after the Lease commencement date and relate to:
(i) any Release, threatened Release, or disposal of any Hazardous Material at the Premises;
(ii) the operation or violation of any Environmental Law at the Premises; or,
(iii) any Environmental Claim in connection with Premises; or
(b) the inaccuracy or breach of any representation or warranty by Lessee in this Addendum or the Lease.
Indemnification and Waivers. A. To the fullest extent permitted by law, Contractor shall, at Contractor’s sole cost and expense, indemnify, defend and hold Owner Entities free and harmless for, from and against any and all claims arising from: (i) any Personal Injury, Bodily Injury or Property Damage whatsoever occurring as a result of or arising out of the Contractor Parties’ performance of the Contract including loss of use resulting therefrom regardless of whether such claim or damage, loss or expense resulting or arising out of such claim is caused in part by a party indemnified hereunder. Such obligation on the Contractor shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist to a party or person described herein; (ii) any Bodily Injury to an employee of Contractor Parties arising out of and in the course of employment of the employee and occurring in connection with the project that is the subject of the Contract; (iii) subject to the waiver of subrogation provisions of this Exhibit, any negligent act, error, or omission of any of the Contractor Parties in, on or about the project that is the subject of the Contract; (iv) the violation of or failure to comply with applicable statute, ordinance, order, rule, regulation or requirement of any governmental or regulatory authority having jurisdiction; (v) any breach, violation or non-performance of any term, condition, covenant or other obligation of Contractor under this Exhibit or the Contract; (vi) any misrepresentation made by Contractor in connection with the Agreement; (vii) any failure by Contractor to pay third parties as and when due for labor and/or materials furnished to Contractor in connection with Contractor's duties under the Contract; or (viii) any liens, stop notices or encumbrances arising out of work performed or materials furnished by or for Contractor under the Contract, provided, however, this shall not be applicable as to any lien caused by Owner’s failure to timely pay amounts due Contractor.
B. Notwithstanding anything in the preceding paragraph to the contrary, the scope of Contractor’s indemnity shall not apply to claims arising from the solely negligent, grossly negligent or willful act or omission of any of the indemnified Owner Entities.
C. The Owner, at the Owner’s discretion may defend his title against any claims of Xxxxxxxx’s Lien or Stop Notices and the Contractor shall indemnify and hold harmless the Owner from all costs and expenses...
Indemnification and Waivers. (a) Indemnity (b) Waivers (c) Definitions
Indemnification and Waivers. 44 9.1 Survival...................................................................44 9.2
Indemnification and Waivers. Service Provider shall indemnify, save, protect, and hold harmless the City of Madera, the members of the City Council of said City and all other officers, volunteers and employees of said City against and from all claims, suits, actions, demands or liability whatsoever to any person or persons by reason of personal injuries or death or damage or destruction of property caused by or arising out of Service Provider’s operations under the terms of this Agreement, or extension thereof, or by Service Provider’s failure to comply with any of the terms or provisions of said Agreement. Service Provider shall and does hereby waive any claim against the City of Madera, its officers, volunteers and employees, for any damage to equipment or other property connected with Service Providers operations under this Agreement arising from any cause.
Indemnification and Waivers. 9.1 Indemnification»
