Indemnification by Grantee. The Grantee and Contractor hereby covenants and agrees to indemnify and hold harmless the City and its officers, employees, agents, and IWO #20-208 (JLW) instrumentalities from and against all liability, losses or damages, including attorneys’ fees and costs, at both the trial and appellate levels, which the City may suffer as a result of claims, demands, suits, causes of actions or proceeding of any kind or nature arise out of, relating to or resulting from the performance or non-performance of this Agreement by the Grantee/Contractor or its employees, agents, servants, partners, principals or subcontractors. The Grantee and Contractor shall pay all claims and losses and shall investigate and defend (with legal counsel acceptable to City) all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney’s fees and costs which may issue. The Grantee and Contractor expressly understands and agrees that any insurance required by this Agreement or otherwise provided by the Grantee shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City. Nothing contained in this Agreement shall be construed to affect the City’s right of sovereign immunity as provided in Chapter 768, Florida Statutes. Additionally, the City does not waive sovereign immunity, and no claim or award against the City shall include attorney’s fees, investigative costs or pre-judgment interest.
Indemnification by Grantee. The Grantee hereby covenants and agrees to indemnify and hold harmless the CRA and the Related Parties from and against all liability, losses, or damages, including attorneys’ fees and costs, at both the trial and appellate levels, which the CRA and the Related Parties may suffer as a result of claims, demands, suits, causes of actions, or proceedings of any kind or nature arising out of, relating to, or resulting from the performance or non- performance of this Agreement by the Grantee or its employees, agents, servants, partners, principals, or subcontractors. The Grantee shall pay all claims and losses and shall investigate and defend (with legal counsel acceptable to CRA) all claims, suits, or actions of any kind or nature in the name of the CRA, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney’s fees and costs which may issue. The Grantee expressly understands and agrees that any insurance required by this Agreement or otherwise provided by the Grantee shall in no way limit the responsibility to indemnify, keep, and save harmless and defend the CRA and the Related Parties. Nothing contained in this Agreement shall be construed to affect the CRA’s right of sovereign immunity as provided in Chapter 768, Florida Statutes. Additionally, the CRA does not waive sovereign immunity, and no claim or award against the CRA shall include attorney’s fees, investigative costs, or pre-judgment interest.
Indemnification by Grantee. Unless Grantee is a governmental entity prohibited by applicable state law from providing indemnification, Xxxxxxx agrees to indemnify and hold harmless CPB, its directors, officers, agents, and employees, from and against any and all liabilities (including attorneys’ fees) arising out of Xxxxxxx’s use of the Grant(s), and any breach by Grantee of any term of the Agreement, or the General Provisions.
Indemnification by Grantee. The Grantee hereby covenants and agrees to indemnify and hold harmless the City and its officers, employees, agents, and instrumentalities from and against all liability, losses or damages, including attorneys’ fees and costs, at both the trial and appellate levels, which the City may suffer as a result of claims, demands, suits, causes of actions or proceeding of any kind or nature arise out of, relating to or resulting from the performance or non- performance of this Agreement by the Grantee or its employees, agents, servants, partners, principals or subcontractors. The Grantee shall pay all claims and losses and shall investigate and defend (with legal counsel acceptable to City) all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney’s fees and costs which may issue. The Grantee expressly understands and agrees that any insurance required by this Agreement or otherwise provided by the Grantee shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City. Nothing contained in this Agreement shall be construed to affect the City’s right of sovereign immunity as provided in Chapter 768, Florida Statutes. Additionally, the City does not waive sovereign immunity, and no claim or award against the City shall include attorney’s fees, investigative costs or pre-judgment interest.
Indemnification by Grantee. GRANTEE shall indemnify, defend and hold harmless GRANTOR and GRANTOR's directors, officers, members, managers, shareholders, partners, principals, agents, employees, representatives, affiliates and subsidiaries (collectively the "Indemnitees") from and against any and all claims, debts, causes of actions, judgments, liabilities, losses, demands, damages or expenses, including reasonable attorneys’ fees, suffered by any of the Indemnitees to the extent due to or arising from (i) the actions within or around, or the use of, the Easement Property by GRANTEE or its contractors, subcontractors, agents, employees and representatives, (ii) any injury or death to person or damage to property (including but not limited to damage to above-ground and underground utilities and facilities) arising from or in any manner relating to the exercise by GRANTEE of its rights or privileges granted hereunder, and/or (iii) GRANTEE’s failure to comply with or breach of any of the covenants, terms, or conditions of this Agreement. Provided, however, nothing herein shall be construed as waiving any rights or privileges of governmental immunity existing under any applicable law, including as provided by MCL 691.1401 et seq. The terms and conditions of this Section shall survive any termination of this Agreement with respect to matters occurring prior to such termination. For the avoidance of doubt, the parties affirm that GRANTEE is not assuming responsibility for personal injury or property damage to the extent attributable to negligent or unlawful operation of aircraft by any air carrier or private operator.
Indemnification by Grantee. Grantee shall defend, indemnify and hold A-55 L.P., its Corporate officers, mangers, and staff harmless from and against any action, claim, liability, expense (including reasonable attorneys' fees and costs) or damage (including consequential damages) to persons or property resulting from any acts or omissions of Grantee and its employees and agents in connection with the performance of this Agreement or the manufacture, use and sale of A-55 Technology hereunder.
Indemnification by Grantee. The Grantee hereby covenants and agrees to indemnify and hold harmless the NMCRA and its board members, employees, consultants, attorneys, and/or agents (collectively the “Related Parties”) from and against all liability, losses, or damages, including attorneys’ fees and costs, at both the trial and appellate levels, which the NMCRA and the Related Parties may suffer as a result of claims, demands, suits, causes of actions, or proceedings of any kind or nature arising out of, relating to, or resulting from the performance or non-performance of this Agreement by the Grantee or its employees, agents, servants, partners, principals, or subcontractors. The Grantee shall pay all claims and losses and shall investigate and defend (with legal counsel acceptable to NMCRA) all claims, suits, or actions of any kind or nature in the name of the NMCRA, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney’s fees and costs which may issue. The Grantee expressly understands and agrees that any insurance required by this Agreement or otherwise provided by the Grantee shall in no way limit the responsibility to indemnify, keep, and save harmless and defend the NMCRA and the Related Parties. Nothing contained in this Agreement shall be construed to affect the NMCRA’s right of sovereign immunity as provided in Chapter 768, Florida Statutes. Additionally, the NMCRA does not waive sovereign immunity, and no claim or award against the NMCRA shall include attorney’s fees, investigative costs, or pre-judgment interest.
Indemnification by Grantee. Grantee shall indemnify, defend, and hold harmless Grantor and Grantor’s officers, officials, agents, contractors, and employees from and against any and all claims, liabilities, and losses arising from (i) any damage, interruption, or impairment to Grantor’s and/or Other Right Holders’ rights, improvements, and/or facilities on, over, beneath, across, and/or through the Grantor Property, including the Easement Area and the Temporary Installation Easement Area; and (ii) physical injuries or death, to the extent caused by Grantee’s construction, maintenance, use, operation, management, or removal of the Cable on, over, beneath, across and/or through the Grantor Property, including the Easement Area and the Temporary Installation Easement Area, except to the extent such damages or injuries are caused or contributed to by Grantor’s negligence or willful misconduct. This provision shall survive any termination of this Easement Agreement or any easement thereunder.
Indemnification by Grantee. 10.1.1. The Grantee shall, at its sole cost and expense, release, indemnify, hold harmless, and defend the County, its elected and appointed officials, officers, boards, commissions, commissioners, agents, and employees (“County Indemnitees”) against any and all claims, suits, causes of action (whether frivolous or otherwise), proceedings, and judgments for damages or equitable relief arising out of the installation, maintenance, operation, or use of the Grantee’s Equipment or the Grantee’s use of the County Network; the acts, errors, or omissions of the Grantee or its agents, employees, independent contractors, or customers; the conduct or presence of the Grantee’s business in the County; or in any way arising out of the Grantee’s enjoyment or breach of the rights and privileges granted by this Agreement, regardless of whether the act or omission complained of is authorized, allowed, or prohibited by applicable Laws or this Agreement. The Grantee agrees not to sue or to seek any monetary damages from the County, including the persons and entities described in this subsection, in connection with the above-described acts or omissions.
10.1.2. The County shall give to the Grantee prompt written notice of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this Section 10.1for which it is seeking indemnification. The Grantee shall provide the defense of any claims brought against the County Indemnitees under this section of the Agreement, subject to the terms of any applicable insurance policy. Nothing herein shall be deemed to prevent the County from cooperating with the Grantee and participating in the defense of any litigation by its own counsel at its own cost and expense.
10.1.3. The Grantee shall not implead or join the County, its elected and appointed officials, officers, boards, commissions, commissioners, employees, and agents in any action against the Grantee arising out of the rights the Grantee enjoys under this Agreement, unless a court of competent jurisdiction has determined that the County is a necessary party.
10.1.4. This indemnity provision shall survive the Term of this Agreement.
10.1.5. Nothing in this Agreement shall be construed to waive the tort or any sovereign, governmental, or other immunity or applicable defense of the County, and its elected and appointed officials, officers, boards, commissions, commissioners, agents, and employees, nor authorize or permit the Grantee or its insure...
Indemnification by Grantee. Grantee agrees to release, hold harmless, defend and indemnify Grantor from any and all liabilities which Grantor may suffer or incur as a result of or arising out of the activities of Grantee on the Protected Property, other than those caused by the negligent acts or acts of misconduct of Grantor, and except those arising of Grantor’s workers’ compensation obligations.
