Common use of Indemnification by the Developer Clause in Contracts

Indemnification by the Developer. The Developer agrees to indemnify and hold the CRA, its board members, and employees harmless to the fullest extent permitted by law from all liabilities, losses, interest, damages, costs or expenses (including without limitation, reasonable attorneys’ fees, whether suit is instituted or not and if instituted, whether incurred at any trial, appellate or post judgment level), threatened or assessed against, levied upon, or collected from, the CRA arising out of, from, or in any way connected with or arising from the negligence, gross negligence, fraud, and/or breach of trust of the Developer or from a failure of the Developer to perform its obligations under this Agreement. Notwithstanding the foregoing, the Developer shall not be required to indemnify the CRA with respect to any liability, loss, damages, cost or expense suffered as a result of the negligence, gross negligence and/or willful misconduct of the CRA. To the extent this indemnification clause or any other indemnification clause in this Agreement is subject to the provisions of Chapter 725, Florida Statutes, and such does not comply with Chapter 725, Florida Statutes, as such may be amended, such provision shall hereby be interpreted as the parties’ intention for the indemnification clauses and to comply with Chapter 725, Florida Statutes, as such may be amended.

Appears in 6 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

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Indemnification by the Developer. The Developer agrees to indemnify and hold the CRA, its board Board members, agents, consultants and employees harmless harmless, to the fullest extent permitted by law law, from all liabilities, losses, interest, damages, costs or and/or expenses (including including, without limitation, reasonable attorneys' fees, whether suit is instituted or not not, and if instituted, whether incurred at any trial, appellate or post judgment level), threatened or assessed against, levied upon, or collected from, the CRA arising out of, from, or in any way connected with or arising from the negligence, gross negligence, fraud, and/or breach of trust of the Developer in the performance of this Agreement or from a failure of the Developer to perform its obligations under this Agreement. Notwithstanding the foregoing, the Developer shall not be required to indemnify the CRA with respect to any liability, loss, damages, cost costs or expense expenses suffered as a result of the negligence, gross negligence and/or willful misconduct of the CRA. To the extent this indemnification clause or any other indemnification clause in this Agreement is subject to the provisions of Chapter 725, Florida Statutes, and such does not comply with Chapter 725, Florida Statutes, as such may be amended, such provision shall hereby be interpreted as the parties' intention for the indemnification clauses and to comply with Chapter 725, Florida Statutes, as such may be amended.

Appears in 1 contract

Samples: Development Agreement Margate City Center

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