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.
Appears in 15 contracts
Samples: Smart Biz E Commerce Microbusiness Grant Program Agreement, Smart Biz E Commerce Microbusiness Grant Program Agreement, Smart Biz E Commerce Microbusiness Grant Program Agreement
Indemnification by Grantee. The Grantee and Contractor hereby covenants and agrees to indemnify and hold harmless the City NMCRA and its officers, employees, agents, and IWO #20-208 (JLW) instrumentalities the Related Parties from and against all liability, losses losses, or damages, including attorneys’ fees and costs, at both the trial and appellate levels, which the City NMCRA and the Related Parties may suffer as a result of claims, demands, suits, causes of actions actions, or proceeding proceedings of any kind or nature arise arising out of, relating to to, or resulting from the performance or non-performance of this Agreement by the Grantee/Contractor Grantee or its employees, agents, servants, partners, principals principals, or subcontractors. The Grantee and Contractor shall pay all claims and losses and shall investigate and defend (with legal counsel acceptable to CityNMCRA) all claims, suits suits, or actions of any kind or nature in the name of the CityNMCRA, 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 keep, and save harmless and defend the CityNMCRA and the Related Parties. Nothing contained in this Agreement shall be construed to affect the CityNMCRA’s right of sovereign immunity as provided in Chapter 768, Florida Statutes. Additionally, the City NMCRA does not waive sovereign immunity, and no claim or award against the City NMCRA shall include attorney’s fees, investigative costs costs, or pre-judgment interest.
Appears in 4 contracts
Samples: Grant Agreement, Grant Agreement, Beautification and Enhancement Grant Agreement
Indemnification by Grantee. The Grantee and Contractor hereby covenants and agrees to indemnify and hold harmless the City and CRA, its officersboard members, employees, agentsconsultants, and IWO #20-208 attorneys and/or agents (JLWcollectively the “Related Parties”) instrumentalities from and against all liability, losses or damages, including attorneys’ fees and costs, at both the trial and appellate levels, which the City CRA and the Related Parties 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 Grantee 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 CityCRA) all claims, suits or actions of any kind or nature in the name of the CityCRA, 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 CityCRA and the Related Parties. Nothing contained in this Agreement shall be construed to affect the CityCRA’s right of sovereign immunity as provided in Chapter 768, Florida Statutes. Additionally, the City CRA does not waive sovereign immunity, and no claim or award against the City CRA shall include attorney’s fees, investigative costs or pre-judgment interest. Nothing herein shall be construed as a waiver by Grantee of sovereign immunity or of any rights or limits to liability existing under Section 768.28, Florida Statutes.
Appears in 3 contracts
Samples: Grant Agreement, Grant Agreement, Grant Agreement
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, IWO #20-208 (JLW) 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.
Appears in 3 contracts
Samples: Smart Biz E Commerce Microbusiness Grant Program Agreement, Smart Biz E Commerce Microbusiness Grant Program Agreement, Smart Biz E Commerce Microbusiness Grant Program Agreement
Indemnification by Grantee. The Grantee and Contractor hereby covenants and agrees to indemnify and hold harmless the City and CRA, its officersboard members, employees, agentsconsultants, and IWO #20-208 attorneys and/or agents (JLWcollectively the “Related Parties”) instrumentalities from and against all liability, losses or damages, including attorneys’ fees and costs, at both the trial and appellate levels, which the City CRA and the Related Parties 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 Grantee 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 CityCRA) all claims, suits or actions of any kind or nature in the name of the CityCRA, 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 CityCRA and the Related Parties. Nothing contained in this Agreement shall be construed to affect the CityCRA’s right of sovereign immunity as provided in Chapter 768, Florida Statutes. Additionally, the City CRA does not waive sovereign immunity, and no claim or award against the City CRA shall include attorney’s fees, investigative costs or pre-judgment interest.
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement