Common use of Indemnification Covenants Clause in Contracts

Indemnification Covenants. To the extent of the net proceeds of the insurance coverage of the Authority, the Authority shall and hereby agrees to indemnify and save the Board harmless against and from all claims, by or on behalf of any person, firm, corporation or other legal entity arising from the conduct or management of, or from any work or thing done on, the Series 2021 Project during the Lease Term from: (i) any condition of the Series 2021 Project; and (ii) any act or negligence of the Authority or of any of its agents, contractors or employees or any violation of law or the breach of any covenant or warranty hereunder. To the extent of available moneys as set forth above, or in the event the Authority is self-insured, or the insurance coverage has a deductible amount, then from moneys to be appropriated under budget proceedings for future years, if such appropriations are then made, the Authority shall indemnify and save the Board harmless, from any such claim arising as aforesaid from (i) or (ii) above, or in connection with any action or proceeding brought thereon and, upon notice from the Board, shall defend it in any action or proceeding. In exchange for the Authority’s agreement to indemnify the Board as provided in this Section, the Board hereby agrees to assert any cause of action that it might individually have against any third parties for the benefit of the Authority. Furthermore, in no event will the Board voluntarily settle or consent to the settlement of any proceeding arising out of Authority.

Appears in 1 contract

Samples: Ground Lease Agreement

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Indemnification Covenants. To the extent of the net proceeds of the insurance coverage of the Authority, the Authority shall and hereby agrees to indemnify and save the Board harmless against and from all claims, by or on behalf of any person, firm, corporation or other legal entity arising from the conduct or management of, or from any work or thing done on, the Series 2021 2024 Project during the Lease Term from: (i) any condition of the Series 2021 2024 Project; and (ii) any act or negligence of the Authority or of any of its agents, contractors or employees or any violation of law or the breach of any covenant or warranty hereunder. To the extent of available moneys as set forth above, or in the event the Authority is self-insured, or the insurance coverage has a deductible amount, then from moneys to be appropriated under budget proceedings for future years, if such appropriations are then made, the Authority shall indemnify and save the Board harmless, from any such claim arising as aforesaid from (i) or (ii) above, or in connection with any action or proceeding brought thereon and, upon notice from the Board, shall defend it in any action or proceeding. In exchange for the Authority’s agreement to indemnify the Board as provided in this Section, the Board hereby agrees to assert any cause of action that it might individually have against any third parties for the benefit of the Authority. Furthermore, in no event will the Board voluntarily settle or consent to the settlement of any proceeding arising out of Authority.

Appears in 1 contract

Samples: Ground Lease Agreement

Indemnification Covenants. To the extent of the net proceeds of the insurance coverage of the Authority, the Authority shall and hereby agrees to indemnify and save the Board harmless against and from all claims, by or on behalf of any person, firm, corporation or other legal entity arising from the conduct or management of, or from any work or thing done on, the Series 2021 2024B Project during the Lease Term from: (i) any condition of the Series 2021 2024B Project; and (ii) any act or negligence of the Authority or of any of its agents, contractors or employees or any violation of law or the breach of any covenant or warranty hereunder. To the extent of available moneys as set forth above, or in the event the Authority is self-insured, or the insurance coverage has a deductible amount, then from moneys to be appropriated under budget proceedings for future years, if such appropriations are then made, the Authority shall indemnify and save the Board harmless, from any such claim arising as aforesaid from (i) or (ii) above, or in connection with any action or proceeding brought thereon and, upon notice from the Board, shall defend it in any action or proceeding. In exchange for the Authority’s agreement to indemnify the Board as provided in this Section, the Board hereby agrees to assert any cause of action that it might individually have against any third parties for the benefit of the Authority. Furthermore, in no event will the Board voluntarily settle or consent to the settlement of any proceeding arising out of any claim applicable to the Series 2024B Project without the written consent of the Authority.

Appears in 1 contract

Samples: Ground Lease Agreement

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Indemnification Covenants. To the extent of the net proceeds of the insurance coverage of the Authority, the Authority shall and hereby agrees to indemnify and save the Board harmless against and from all claims, by or on behalf of any person, firm, corporation or other legal entity arising from the conduct or management of, or from any work or thing done on, the Series 2021 2024 Project during the Lease Term from: (i) any condition of the Series 2021 2024 Project; and (ii) any act or negligence of the Authority or of any of its agents, contractors or employees or any violation of law or the breach of any covenant or warranty hereunder. To the extent of available moneys as set forth above, or in the event the Authority is self-insured, or the insurance coverage has a deductible amount, then from moneys to be appropriated under budget proceedings for future years, if such appropriations are then made, the Authority shall indemnify and save the Board harmless, from any such claim arising as aforesaid from (i) or (ii) above, or in connection with any action or proceeding brought thereon and, upon notice from the Board, shall defend it in any action or proceeding. In exchange for the Authority’s agreement to indemnify the Board as provided in this Section, the Board hereby agrees to assert any cause of action that it might individually have against any third parties for the benefit of the Authority. Furthermore, in no event will the Board voluntarily settle or consent to the settlement of any proceeding arising out of any claim applicable to the Series 2024 Project without the written consent of the Authority.

Appears in 1 contract

Samples: Ground Lease Agreement

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