Common use of Indemnification by Subcontractors Clause in Contracts

Indemnification by Subcontractors. To the fullest extent permitted by law, a Construction Party that uses a subcontractor to carry out any of the Construction Party’s obligations under this Appendix 2 shall require each of its subcontractors to indemnify, hold harmless and defend each other Construction Party, its representatives and assigns from and against any and all claims and/or liability for damage to property, injury to or death of any person, including the employees of any Construction Party or of any Affiliate of any Construction Party, or any other liability incurred by another Construction Party or any of its Affiliates, including all expenses, legal or otherwise, to the extent caused by any act or omission, negligent or otherwise, by such subcontractor and/or its officers, directors, employees, agents and assigns, that arises out of or is connected with the design, procurement, construction or installation of the facilities of either Constructing Entity described in this Appendix 2; provided, however, that no Construction Party or Affiliate thereof shall be entitled to indemnity under this Section 16.3 in respect of any injury, loss, or damage to the extent that such loss, injury, or damage results from the negligence or willful misconduct of the Construction Party or Affiliate seeking indemnity.