Indemnification by Producer. Producer shall indemnify and hold Bunge harmless from any Loss suffered or incurred by Bunge arising out of, or in any way relating to:
(a) Producer’s use or possession or operations on or at, or any action or failure to act at, the Facility;
(b) any personal injury or property damage related to the use, possession, condition of, disposal of, physical contact with or exposure to any products manufactured at the Facility;
(c) injuries or alleged injuries suffered by Producer’s employees whether at the Facility or elsewhere and whether or not under the direction of Bunge and/or the Producer; or
(d) any violation or alleged violation of any Governmental Requirement by Producer, but not to the extent such Loss was caused by Bunge’s gross negligence or willful misconduct.
Indemnification by Producer. Except as may otherwise be provided in this Agreement, Producer shall indemnify, defend and hold harmless Gavilon, its affiliates and their respective officers, directors, employees, agents, members, managers, shareholders and representatives (collectively “Gavilon Indemnitees”) from and against any and all claims, liabilities, actions, losses, damages, fines, penalties, costs and expenses including reasonable attorneys’ fees (collectively “Damages”) actually suffered by the Gavilon Indemnitees resulting from: (x) the gross negligence or willful misconduct of Producer, its operating subsidiaries, or any of their officers, directors, employees, agents, representatives and contractors; or (y) any breach of the Transaction Agreements by Producer.
Indemnification by Producer. Producer agrees to indemnify, defend and hold Bunge and its officers, directors, employees and agents harmless from any Loss suffered or incurred by Bunge arising out of, or in any way relating to:
(a) any default by Producer of the terms of this Agreement;
(b) Producer’s use or possession or operations on or at, or any action or failure to act at, the Facility;
(c) any personal injury or property damage related to the use, possession, condition of, disposal of, physical contact with or exposure to any products manufactured at the Facility;
(d) injuries or alleged injuries suffered by Producer’s or Bunge’s employees in connection with performance under this Agreement at the Facility, whether or not under the direction of Bunge and/or the Producer; or
(e) any violation or alleged violation of this Agreement or any Governmental Requirement by Producer, unless and to the extent such Loss was directly caused by Bunge’s gross negligence, intentional breach or willful misconduct and in each case only to the extent Bunge is not otherwise compensated for such Loss by applicable insurance (to the extent actually paid).
Indemnification by Producer. Producer agrees to indemnify and hold A-B harmless from any Loss suffered or incurred by A-B arising out of, or in any way relating to:
(a) Producer's use or possession or operations on or at, or any action or failure to act at, the Facility;
(b) any personal injury or property damage related to the use, possession, condition of, disposal of, physical contact with or exposure to any products manufactured at the Facility;
(c) injuries or alleged injuries suffered by Producer's employees whether at the Facility or elsewhere and whether or not under the direction of A-B and/or the Producer; or
(d) any violation or alleged violation of any Governmental Requirement by Producer, unless and to the extent such Loss was directly caused by A-B's gross negligence or willful misconduct and in each case only to the extent A-B is not otherwise compensated for such Loss by applicable insurance (to the extent actually paid).
Indemnification by Producer. Producer agrees to indemnify and hold Bunge harmless from any Loss suffered or incurred by Bunge arising out of, or in any way relating to:
(a) Producer's use or possession or operations on or at, or any action or failure to act at, the Facility;
(b) any personal injury or property damage related to the use, possession, condition of, disposal of, physical contact with or exposure to any products manufactured at the Facility;
(c) injuries or alleged injuries suffered by Producer's employees whether at the Facility or elsewhere and whether or not under the direction of Bunge and/or the Producer; or
(d) any violation or alleged violation of any Governmental Requirement by Producer, unless and to the extent such Loss was directly caused by Bunge's gross negligence or willful misconduct and in each case only to the extent Bunge is not otherwise compensated for such Loss by applicable insurance (to the extent actually paid).
Indemnification by Producer. Subject to Section 18, Producer shall indemnify, defend and hold Gold and Gold’s affiliates, employees and agents harmless from and against any and all suits, actions, proceedings, claims, counterclaims, losses, damages, liabilities, costs and expenses (including attorneys’ fees) in any way arising in connection with or resulting from (i) any breach or nonfulfillment of or default under any term or condition of this Agreement by Producer, or (ii) any act or omission of Producer which is, in whole or in part, grossly negligent or reckless or which constitutes willful or wanton misconduct, fraud or an intentional tort. Any payment owed by Producer to Gold under this Agreement which is not made within two days of the date on which the payment was due shall bear interest from the date such payment was due until it is paid at the Prime Rate as published in The Wall Street Journal from time to time, plus four percent (4%).
Indemnification by Producer. The Producer will indemnify and hold harmless the General Agent, its Affiliates and their directors, officers and employees from any and all losses, expenses, damages, liabilities, injuries or claims,—including any judgment, award, settlement, regulatory fine or penalty, attorneys' fees, court costs and costs of experts and of paralegal, accounting, financial and other legal, regulatory and investigative support personnel—incurred in connection with the defense or prosecution of any actual or threatened third party action, proceeding or appeal (including regulatory proceedings) (i) by or on behalf of any of the Producer’s agents, Affiliates, sales contractors, representatives or employees or (ii) directly or indirectly resulting from or arising out of any wrongful acts or omissions or alleged wrongful acts or omissions by the Producer or any of the Producer’s family members, Affiliates, independent sales contractors, representatives, agents or employees.
Indemnification by Producer. Producer and REG Marketing agree, jointly and severally, to indemnify, defend and hold Bunge and its officers, directors, employees and agents harmless from any Loss suffered or incurred by Bunge arising out of, or in any way relating to:
(a) any default by Producer or REG Marketing of the terms of this Agreement;
(b) Producer’s use or possession or operations on or at, or any action or failure to act at, the Facility;
(c) any personal injury or property damage related to the use, possession, condition of, disposal of, physical contact with or exposure to any products manufactured at the Facility;
(d) injuries or alleged injuries suffered by Producer’s or Bunge’s employees in connection with performance under this Agreement at the Facility, whether or not under the direction of Bunge and/or the Producer; or
(e) any violation or alleged violation of this Agreement or any Governmental Requirement by Producer, unless and to the extent such Loss was directly caused by Bunge’s gross negligence, intentional breach or willful misconduct and in each case only to the extent Bunge is not otherwise compensated for such Loss by applicable insurance (to the extent actually paid).
Indemnification by Producer. Producer agrees to and shall indemnify and hold harmless University, its Board of Trustees, officers, agents, employees, students, and personnel from and against any and all claims arising out of or related to performance of this Agreement, including all expenses of litigation, court costs, and attorneys’ fees which the University may become liable to pay or defend, arising from or related to the acts, intentional acts, defamatory acts, omissions, negligence, or gross negligence of Producer and/or any employees, agents, contractors, or personnel provided by Producer pursuant to the Agreement.
Indemnification by Producer. PRODUCER SHALL RELEASE, DEFEND, INDEMNIFY AND SAVE GATHERER HARMLESS FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, CAUSES OF ACTION, CLAIMS, AND DEMANDS ARISING FROM OR OUT OF ANY ADVERSE CLAIMS MADE BY ANY THIRD PARTY OR BY PRODUCER FOR ANY LOSS, DAMAGE, COST OR EXPENSE RELATING TO, CAUSED BY, OR ARISING OUT OF: (i) PRODUCER’S OPERATION OF ITS FACILITIES, (ii) THE BREACH BY PRODUCER OF ANY REPRESENTATION OR WARRANTY MADE BY PRODUCER IN THIS AGREEMENT AND (iii) THE FAILURE BY PRODUCER TO COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS TO THE EXTENT SUCH FAILURE AFFECTS PERFORMANCE HEREUNDER AND (iv) THE LOSS OF OR DAMAGE TO PRODUCER’S GAS BEFORE GATHERER’S RECEIPT OF PRODUCER’S GAS AND AFTER GATHERER’S REDELIVERY OF PRODUCER’S GAS FOR REASONS OTHER THAN THE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF GATHERER OR ITS AFFILIATES.
