Common use of Indemnification by PTI Clause in Contracts

Indemnification by PTI. PTI hereby indemnifies and holds harmless Colonial, the Colonial Parties and Colonial's affiliates and shareholders and their respective employees, officers, directors, contractors, agents, licensees and concessionaires (collectively, the "Colonial Indemnified Parties") from and against any liability, loss, damage, claim or cause of action of any kind or nature (including damage to property and injury to or death of persons) whether actual or alleged, or payments to any person in compromise of settlement thereof, whether or not liability has been shown or can be known, and any costs or expenses in connection therewith (including, without limitation, reasonable court costs, costs of litigation and attorneys' fees and expenses incurred in enforcing same) arising out of or in connection with PTI's use of the leasehold rights granted herein (but only to the extent such claims do not arise from the negligence, gross negligence or willful misconduct of a Colonial Indemnified Party), including, without limitation: (a) third party claims, or any death or personal injury to, or loss or damage to any property of, a Colonial Indemnified Party, to the extent any of the foregoing is caused in whole or in part by the presence of the Telecommunications Network on any portion of the Colonial Rights-of-Way or at any Related Facility or the performance of any PTI Work or PTI Operation and Maintenance Services by PTI or any PTI Parties on or along the Colonial Rights-of-Way or at any Related Facility; (b) penalties, fines or forfeitures imposed by any Governmental Authority arising out of any failure or refusal by any PTI Party to comply with Applicable Laws applicable to the installation, operation, use, maintenance or repair of the Telecommunications Network (including, without limitation, any inadvertent effect the same may have on the Colonial Pipeline or any Related Facility); and (c) any other liability arising out of or resulting from the acts or omissions, negligent or otherwise, of any PTI Party or in connection with a breach by PTI of any of its obligations under this Agreement, including, without limitation, liabilities arising out of PTI's failure to obtain easement, license, lease or other Perfection Rights from any Landowner so as to allow PTI to install, operate and maintain the Telecommunications Network through designated Segments of the Colonial Rights-of-Way, it being acknowledged, however, that nothing in this Subsection 11.1(c) shall limit or restrict in any manner the obligations and restrictions contained in Subsection 3.1(a) hereof.