Indemnification by City. To the extent allowed under the Oregon Constitution and the Oregon Tort Claims Act and notwithstanding anything to the contrary herein, City shall indemnify and hold Provider, its visitors, guests and agents harmless from and against any and all claims, actions, liabilities, costs, including costs of defense, arising out of or in any way related to any act or failure to act by City and its employees, agents, officers, volunteers in connection with this Agreement. Nothing herein is intended to nor does it create an employment relationship between the Provider and City. Provider is not an employee of the City.
Appears in 2 contracts
Samples: Management and Operations Agreement, Management and Operations Agreement
Indemnification by City. To the extent allowed under the Oregon Constitution and the Oregon Tort Claims Act and notwithstanding anything to the contrary herein, City shall must indemnify and hold Provider, its visitors, guests and agents harmless from and against any and all claims, actions, liabilities, costs, including costs of defense, arising out of or in any way related to any act or failure to act by City and its employees, agents, officers, volunteers in connection with this Agreement. Nothing herein is intended to nor does it create an employment relationship between the Provider and City. Provider is not an employee of the City.
Appears in 2 contracts
Samples: Management and Operations Agreement, Management and Operations Agreement
Indemnification by City. To the extent allowed under the Oregon Constitution and the Oregon Tort Claims Act and notwithstanding anything to the contrary herein, City shall must indemnify and hold Provider, its visitors, guests and agents harmless from and against any and all claims, actions, liabilities, costs, including costs of defense, arising out of or in any way related to any act or failure to act by City and its employees, agents, officers, volunteers in connection with this Agreement. Nothing herein is intended to nor does it create an employment relationship between the Provider and City. Provider is not an employee “officer”, “employee”, or “agent” of the City, as those terms are used in ORS 30.265.
Appears in 1 contract
Samples: Management and Operations Agreement