Common use of Indemnification by Ingevity Clause in Contracts

Indemnification by Ingevity. Ingevity shall indemnify, defend and hold the Mill Owner and its Affiliates, and each of its and their respective officers, directors, employees, successors and assigns (collectively, the “Mill Indemnified Parties”) harmless, from and against all Losses (including, without limitation, any claim, demand, cause of action, or lawsuit in connection therewith) resulting from, in connection with or arising out of: (i) with respect to third party claims (other than third party claims of a type covered by another provision of this Article 11), the performance of this Lease by Ingevity, but only to the extent that the Mill Owner was not responsible for the subject matter of such Losses; (ii) except with respect to bodily injury or death to any employee of the Mill Owner caused by a vehicle subject to any Virginia statutory motor vehicle insurance law (a “Vehicle”) owned by Ingevity or a Vehicle driven by a Ingevity employee (which shall be subject to subsection (iv) of this Section 11.2), any bodily injury or death to any employee of the Mill Owner occurring on the Carbon Plant Real Property and resulting from or arising out of the gross negligence or intentional misconduct of Ingevity; (iii) any damage to any Property located or found on the Carbon Plant Real Property caused by a Vehicle owned by Ingevity or a Vehicle driven by an employee of Ingevity; (iv) bodily injury or death to any employee of Mill Owner or to a third party (who is not an employee of Ingevity or Mill Owner) caused by a Vehicle owned by Ingevity or a Vehicle driven by a Ingevity employee; and (v) any damage to any Property of a third party caused by Ingevity.

Indemnification by Ingevity. Ingevity shall indemnify, defend and hold the Mill Owner and its Affiliates, and each of its and their respective officers, directors, employees, successors and assigns (collectively, the “Mill Indemnified Parties”) harmless, from and against all Losses (including, without limitation, any claim, demand, cause of action, or lawsuit in connection therewith) resulting from, in connection with or arising out of: (i) with respect to third party claims (other than third party claims of a type covered by another provision of this Article 1113), the performance of this Lease Agreement by Ingevity, but only to the extent that the Mill Owner was not responsible for the subject matter of such Losses; (ii) except with respect to bodily injury or death to any employee of Mill Owner in connection with the Fire/Emergency Services (which shall be subject to subsection (vii) of this Section 13.2), or bodily injury or death to any employee of Mill Owner caused by a vehicle subject to any Virginia statutory motor vehicle insurance law (a “Vehicle”) Vehicle owned by Ingevity or a Vehicle driven by a Ingevity employee (which shall be subject to subsection (ivv) of this Section 11.213.2), any bodily injury or death to any employee of the Mill Owner occurring on the Carbon Plant Real Property and resulting from or arising out of the gross negligence or intentional misconduct of Ingevity; (iii) any bodily injury or death to any employee of Ingevity resulting from or arising out of the provision of Ingevity Fire/Emergency Services; (iv) any damage to any Property located or found on the Carbon Plant Real Property caused by a Vehicle owned by Ingevity or a Vehicle driven by an employee of Ingevity; (ivv) bodily injury or death to any employee of Mill Owner or to a third party (who is not an employee of Ingevity or Mill Owner) caused by a Vehicle owned by Ingevity or a Vehicle driven by a Ingevity employee; and; (vvi) any damage to any Property of a third party caused by Ingevity.; (vii) any bodily injury or death to any employee of the Mill Owner resulting from or arising out of the provision of Fire/Emergency Services except to the extent covered by the Mill Owner’s workers compensation insurance coverage; and (viii) Claims which may be brought by any Person, including, without limitation, Claims brought by Governmental Authorities, for death, bodily or personal injuries to any Person; damage to any property, including loss of use thereof and business interruption damages; contamination of or adverse effects on natural resources or the environment, including without limitation, the costs for investigation and remediation of such contamination under Environmental Laws and other Laws; natural resource damages; or any violation of Laws, to the extent resulting from or arising out of: (A) Ingevity’s breach of the Wastewater Treatment Terms, (B) Ingevity’s discharge of wastewater to the Mill or the Wastewater Treatment Plant, including, without limitation, any Non-Conforming Discharge (as defined in the Wastewater Treatment Terms); (C) any activities of Ingevity and/or its Agents relating to or impacting the Wastewater Treatment Terms; (D) any violation by Ingevity and/or its Agents of any applicable Laws, or (E) pollution or contamination of, or petroleum or hazardous substances releases to, the Mill or the Wastewater Treatment Plant by Ingevity or any of its employees, consultants, contractors, subcontractors, representatives and/or agents,