Common use of INDEMNIFICATION CLAUSES Clause in Contracts

INDEMNIFICATION CLAUSES. The OWNER, whether corporate or individual, his heirs, successors, personal representatives, next of kin, and assigns, CLEARLY EXPRESSES THE INTENT and AGREEMENT to indemnify and hold the MARINA and its members, managers officers, directors, principals, agents, and employees and each of them, harmless against any loss, suit, fines, damage or claim to or on behalf of any person including OWNER and the vessel or unit, damage to the vessel or unit, its engines, equipment, and appurtenances, damages to OWNER's property, and injury to OWNER, its family, and/or crew, guests, contractors, agents, invitees, and/or employees, whether based on theft, negligence, breach of warranty, collision, flood, act of god or otherwise to any vessel or unit, persons or property which arise out of the use of the dockage space that is the subject of this agreement or other MARINA facilities, whether or not such loss, suit, damage or claim is based upon the negligence of the MARINA or the negligence of any other party. This indemnification clause applies to losses, suits, damages or claims related to the alleged negligence of the MARINA, alleged breaches of warranty by the MARINA, or any other alleged torts, but does not apply to losses, suits, damages or claims related to the alleged gross negligence, willful misconduct, or intentional acts of the MARINA. The OWNER, whether corporate or individual, his heirs, successors, personal representatives, next of kin, and assigns, CLEARLY EXPRESSES THE INTENT and AGREEMENT to indemnify and hold the MARINA and its members, managers officers, directors, principals, agents, and employees, and each of them, harmless against any loss, suit, fines, damage or claim to on behalf of any person including OWNER and the vessel or unit, damage to the vessel or unit, its engines, equipment, and appurtenances, damages to OWNER's property, and injury to OWNER, its family, and/or crew, guests, contractors, agents, invitees, and/or employees, whether based on the failure of or alleged insufficiency in the MARINA 's firefighting procedures and equipment, first aid, and security provisions to any vessel or unit, persons or property which arise out of the use of the dockage space that is the subject of this agreement or other MARINA facilities, whether or not such loss, suit, damage or claim is based upon negligence of the MARINA or the negligence of any other party. This indemnification clause applies to losses, suits, damages or claims related to the alleged negligence of the MARINA, alleged breaches of warranty by the MARINA, or any other alleged torts, and any claim or allegation that the MARINA failed to have other or additional firefighting capabilities, provisions, procedures and equipment, but does not apply to losses, suits, damages or claims related to the alleged gross negligence, willful misconduct, or intentional acts of the MARINA. OWNER is entering into this license agreement with full knowledge and acceptance of the limitations on the MARINA's firefighting capabilities, first aid capabilities, security provisions and other such provisions and equipment. The OWNER, whether corporate or individual, his heirs, successors, personal representatives, next of kin, and assigns, CLEARLY EXPRESSES THE INTENT and AGREEMENT to indemnify and hold the MARINA and its members, managers officers, principals, directors, agents, employees, and each of them, harmless against any loss, suit, fees, permit fees, fines, damage, clean-up costs, mitigation costs, consultant fees, response actions, inspections or claim imposed or otherwise mandated by any government authority, any court any third party, the OWNER and the vessel or unit based on or related to the OWNER's or the vessel's/unit’s non-compliance or violations of any local, state or federal environmental statutes, rules, ordinances and regulations which arise out of the use of the dock age space that is the subject of this agreement or other MARINA facilities, whether or not such loss, suit, damage or claim is based upon negligence of the MARINA or the negligence of any other party. This indemnification clause applies to losses, suits, damages or claims related to the alleged negligence of the MARINA, but does not apply to losses, suits, damages or claims related to the alleged gross negligence, willful misconduct, or intentional acts of the MARINA. In the event that legal action against the MARINA is initiated based on the OWNER's or the vessel's or unit’s non-compliance or violations of any local, state or federal environmental statutes, rules, ordinances and regulations which arise out of the use of the dockage and/or storage space that is the subject of this agreement the OWNER CLEARLY EXPRESSES TIIE INTENT and AGREEMENT to indemnify and defend the MARINA and agrees to pay to the MARINA all costs of defending the legal action, including reasonable attorney's fees and expert witness costs, should any such legal action be initiated.

INDEMNIFICATION CLAUSES. The OWNER, whether corporate or individual, his heirs, successors, personal representatives, next of kin, and assigns, CLEARLY EXPRESSES THE INTENT and AGREEMENT to indemnify and hold the MARINA and its members, managers officers, directors, principals, agents, and employees and each of them, harmless against any loss, suit, fines, damage or claim to or on behalf of any person including OWNER and the vessel or unitvessel, damage to the vessel or unitvessel, its engines, equipment, and appurtenances, damages to OWNER's property, and injury to OWNER, its family, and/or crew, guests, contractors, agents, invitees, and/or employees, whether based on theft, negligence, breach of warranty, collision, flood, act of god or otherwise to any vessel or unitvessel, persons or property which arise out of the use of the dockage space that is the subject of this agreement or other MARINA facilities, whether or not such loss, suit, damage or claim is based upon the negligence of the MARINA or the negligence of any other party. This indemnification clause applies to losses, suits, damages or claims related to the alleged negligence of the MARINA, alleged breaches of warranty by the MARINA, or any other alleged torts, but does not apply to losses, suits, damages or claims related to the alleged gross negligence, willful misconduct, or intentional acts of the MARINA. The OWNER, whether corporate or individual, his heirs, successors, personal representatives, next of kin, and assigns, CLEARLY EXPRESSES THE INTENT and AGREEMENT to indemnify and hold the MARINA and its members, managers officers, directors, principals, agents, and employees, and each of them, harmless against any loss, suit, fines, damage or claim to on behalf of any person including OWNER and the vessel or unitvessel, damage to the vessel or unitvessel, its engines, equipment, and appurtenances, damages to OWNER's property, and injury to OWNER, its family, and/or crew, guests, contractors, agents, invitees, and/or employees, whether based on the failure of or alleged insufficiency in the MARINA 's firefighting procedures and equipment, first aid, and security provisions to any vessel or unitvessel, persons or property which arise out of the use of the dockage space that is the subject of this agreement or other MARINA facilities, whether or not such loss, suit, damage or claim is based upon negligence of the MARINA or the negligence of any other party. This indemnification clause applies to losses, suits, damages or claims related to the alleged negligence of the MARINA, alleged breaches of warranty by the MARINA, or any other alleged torts, and any claim or allegation that the MARINA failed to have other or additional firefighting capabilities, provisions, procedures and equipment, but does not apply to losses, suits, damages or claims related to the alleged gross negligence, willful misconduct, or intentional acts of the MARINA. OWNER is entering into this license agreement with full knowledge and acceptance of the limitations on the MARINA's firefighting capabilities, first aid capabilities, security provisions and other such provisions and equipment. The OWNER, whether corporate or individual, his heirs, successors, personal representatives, next of kin, and assigns, CLEARLY EXPRESSES THE INTENT and AGREEMENT to indemnify and hold the MARINA and its members, managers officers, principals, directors, agents, employees, and each of them, harmless against any loss, suit, fees, permit fees, fines, damage, clean-up costs, mitigation costs, consultant fees, response actions, inspections or claim imposed or otherwise mandated by any government authority, any court any third party, the OWNER and the vessel or unit based on or related to the OWNER's or the vessel's/unit’s vessel's non-compliance or violations of any local, state or federal environmental statutes, rules, ordinances and regulations which arise out of the use of the dock age space that is the subject of this agreement or other MARINA facilities, whether or not such loss, suit, damage or claim is based upon negligence of the MARINA or the negligence of any other party. This indemnification clause applies to losses, suits, damages or claims related to the alleged negligence of the MARINA, but does not apply to losses, suits, damages or claims related to the alleged gross negligence, willful misconduct, or intentional acts of the MARINA. In the event that legal action against the MARINA is initiated based on the OWNER's or the vessel's or unit’s non-compliance or violations of any local, state or federal environmental statutes, rules, ordinances and regulations which arise out of the use of the dockage and/or storage space that is the subject of this agreement the OWNER CLEARLY EXPRESSES TIIE INTENT and AGREEMENT to indemnify and defend the MARINA and agrees to pay to the MARINA all costs of defending the legal action, including reasonable attorney's fees and expert witness costs, should any such legal action be initiated.