Common use of Indemnification/Hold Harmless Clause in Contracts

Indemnification/Hold Harmless. ☐ This Agreement is for design services by a design professional. As a separate and independent covenant from any covenant to carry insurance and consistent with California Civil Code Section 2782.8, when the services to be provided under this Agreement are design professional services to be performed by a design professional, as that term is defined under said Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, protect, defend, and hold the City harmless for all claims, demands, costs, or liability that arise out of, pertain, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, or agents in said performance of professional services under this Agreement, excepting only liability arising from the sole negligence, active negligence, or intentional misconduct of the City. As a separate and independent covenant from any covenant to carry insurance and other than in the performance of professional services by a design professional, which shall be solely as addressed by the immediately preceding subsection above, and to the full extent permitted by law, CONSULTANT shall indemnify and hold City harmless from and against any claim, action, damages, costs (including reasonable attorney’s fees and costs), injuries, or liability, arising out of this Agreement, or its performance. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend the City (at the City’s request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. ☐ This Agreement is for services other than design services by a design professional. As a separate and independent covenant from CONSULTANT’s obligations under Section 22 hereof, CONSULTANT shall indemnify, protect, defend with counsel acceptable to the CITY, and hold CITY and CITY’s officers, employees, agents, and volunteers harmless and free from any and all claims, liabilities, or expenses, including attorney’s fees, arising out of or relating to any negligent act, negligent omission, or wrongful conduct, or any loss, damage, or injury (including, but not limited to, death or other injury that is sustained from any communicable disease), related in any way to CONSULTANT’s performance of its services pursuant to this Agreement. In the event CITY and/or any of CITY’s officers, employees, agents, or volunteers are named in any lawsuit, or should any claim be made against it or any of them by lawsuit or otherwise arising out of or relating to such negligent act, negligent omission, wrongful conduct, or any loss, damage, or injury (including, but not limited to, death or other injury that is sustained from any communicable disease), CONSULTANT shall indemnify them for any judgment rendered against them for such negligent act, negligent omission, wrongful act, or any loss, damage, or injury (including, but not limited to, death or other injury that is sustained from any communicable disease), any sums paid out in settlement or otherwise, and all costs incurred by them in their defense, including but not limited to attorney’s fees. CONSULTANT also understands and agrees that it is being employed to perform the services provided for by this Agreement because of CONSULTANT’s professed expertise and experience in performing such services. In addition, CONSULTANT understands and agrees that while CITY or CITY’s officers, employees, agents, or volunteers may elect to do so, they have no duty to review, inspect, monitor, or supervise the work performed by CONSULTANT pursuant to this Agreement except as otherwise expressly provided for by this Agreement. As a consequence, CONSULTANT waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by CONSULTANT pursuant to this Agreement. The CONSULTANT’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

Indemnification/Hold Harmless. ☐ This Agreement is for design services by a design professional. As a separate and independent covenant from any covenant to carry insurance and consistent with California Civil Code Section 2782.8, when the services to be provided under this Agreement are design professional services to be performed by a design professional, as that term is defined under said Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, protect, defend, and hold the City harmless for all claims, demands, costs, or liability that arise out of, pertain, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, or agents in said performance of professional services under this Agreement, excepting only liability arising from the sole negligence, active negligence, or intentional misconduct of the City. As a separate and independent covenant from any covenant to carry insurance and other than in the performance of professional services by a design professional, which shall be solely as addressed by the immediately preceding subsection above, and to the full extent permitted by law, CONSULTANT shall indemnify and hold City harmless from and against any claim, action, damages, costs (including reasonable attorney’s fees and costs), injuries, or liability, arising out of this Agreement, or its performance. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend the City (at the City’s request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. ☐ This Agreement is for services other than design services by a design professional. As a separate and independent covenant from CONSULTANT’s obligations under Section 22 23 hereof, CONSULTANT shall indemnify, protect, defend with counsel acceptable to the CITY, and hold CITY and CITY’s officers, employees, agents, and volunteers harmless and free from any and all claims, liabilities, or expenses, including attorney’s fees, arising out of or relating to any negligent act, negligent omission, or wrongful conduct, or any loss, damage, or injury (including, but not limited to, death or other injury that is sustained from any communicable disease), related in any way to CONSULTANT’s performance of its services pursuant to this Agreement. In the event CITY and/or any of CITY’s officers, employees, agents, or volunteers are named in any lawsuit, or should any claim be made against it or any of them by lawsuit or otherwise arising out of or relating to such negligent act, negligent omission, wrongful conduct, or any loss, damage, or injury (including, but not limited to, death or other injury that is sustained from any communicable disease), CONSULTANT shall indemnify them for any judgment rendered against them for such negligent act, negligent omission, wrongful act, or any loss, damage, or injury (including, but not limited to, death or other injury that is sustained from any communicable disease), any sums paid out in settlement or otherwise, and all costs incurred by them in their defense, including but not limited to attorney’s fees. CONSULTANT also understands and agrees that it is being employed to perform the services provided for by this Agreement because of CONSULTANT’s professed expertise and experience in performing such services. In addition, CONSULTANT understands and agrees that while CITY or CITY’s officers, employees, agents, or volunteers may elect to do so, they have no duty to review, inspect, monitor, or supervise the work performed by CONSULTANT pursuant to this Agreement except as otherwise expressly provided for by this Agreement. As a consequence, CONSULTANT waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by CONSULTANT pursuant to this Agreement. The CONSULTANT’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

Indemnification/Hold Harmless. ☐ This Agreement is for design services by a design professional. As a separate and independent covenant from any covenant to carry insurance and consistent with California Civil Code Section 2782.8, when the services to be provided under this Agreement are design professional services to be performed by a design professional, as that term is defined under said Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, protect, defend, and hold the City harmless for all claims, demands, costs, or liability that arise out of, pertain, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, or agents in said performance of professional services under this Agreement, excepting only liability arising from the sole negligence, active negligence, or intentional misconduct of the City. As a separate and independent covenant from any covenant to carry insurance and other than in the performance of professional services by a design professional, which shall be solely as addressed by the immediately preceding subsection above, and to the full extent permitted by law, CONSULTANT shall indemnify and hold City harmless from and against any claim, action, damages, costs (including reasonable attorney’s fees and costs), injuries, or liability, arising out of this Agreement, or its performance. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend the City (at the City’s request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. ☐ ☒ This Agreement is for services other than design services by a design professional. As a separate and independent covenant from CONSULTANT’s obligations under Section 22 hereof, CONSULTANT shall indemnify, protect, defend with counsel acceptable to the CITY, and hold CITY and CITY’s officers, employees, agents, and volunteers harmless and free from any and all claims, liabilities, or expenses, including attorney’s fees, arising out of or relating to any negligent act, negligent omission, or wrongful conduct, or any loss, damage, or injury (including, but not limited to, death or other injury that is sustained from any communicable disease), related in any way to CONSULTANT’s performance of its services pursuant to this Agreement. In the event CITY and/or any of CITY’s officers, employees, agents, or volunteers are named in any lawsuit, or should any claim be made against it or any of them by lawsuit or otherwise arising out of or relating to such negligent act, negligent omission, wrongful conduct, or any loss, damage, or injury (including, but not limited to, death or other injury that is sustained from any communicable disease), CONSULTANT shall indemnify them for any judgment rendered against them for such negligent act, negligent omission, wrongful act, or any loss, damage, or injury (including, but not limited to, death or other injury that is sustained from any communicable disease), any sums paid out in settlement or otherwise, and all costs incurred by them in their defense, including but not limited to attorney’s fees. CONSULTANT also understands and agrees that it is being employed to perform the services provided for by this Agreement because of CONSULTANT’s professed expertise and experience in performing such services. In addition, CONSULTANT understands and agrees that while CITY or CITY’s officers, employees, agents, or volunteers may elect to do so, they have no duty to review, inspect, monitor, or supervise the work performed by CONSULTANT pursuant to this Agreement except as otherwise expressly provided for by this Agreement. As a consequence, CONSULTANT waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by CONSULTANT pursuant to this Agreement. The CONSULTANT’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

Indemnification/Hold Harmless. ☐ This Agreement is for design services by a design professional. As a separate and independent covenant from any covenant to carry insurance and consistent with California Civil Code Section 2782.8, when the services to be provided under this Agreement are design professional services to be performed by a design professional, as that term is defined under said Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, protect, defend, and hold the City harmless for all claims, demands, costs, or liability that arise out of, pertain, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, or agents in said performance of professional services under this Agreement, excepting only liability arising from the sole negligence, active negligence, or intentional misconduct of the City. As a separate and independent covenant from any covenant to carry insurance and other than in the performance of professional services by a design professional, which shall be solely as addressed by the immediately preceding subsection above, and to the full extent permitted by law, CONSULTANT shall indemnify and hold City harmless from and against any claim, action, damages, costs (including reasonable attorney’s fees and costs), injuries, or liability, arising out of this Agreement, or its performance. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend the City (at the City’s request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. ☐ This Agreement is for services other than design services by a design professional. As a separate and independent covenant from CONSULTANT’s obligations under Section 22 hereof, CONSULTANT shall indemnify, protect, defend with counsel acceptable to the CITY, and hold CITY and CITY’s officers, employees, agents, and volunteers harmless and free from any and all claims, liabilities, or expenses, including attorney’s fees, arising out of or relating to any negligent act, negligent omission, or wrongful conduct, or any loss, damage, or injury (including, but not limited to, death or other injury that is sustained from any communicable disease), related in any way to CONSULTANT’s performance of its services pursuant to this Agreement. In the event CITY and/or any of CITY’s officers, employees, agents, or volunteers are named in any lawsuit, or should any claim be made against it or any of them by lawsuit or otherwise arising out of or relating to such negligent act, negligent omission, wrongful conduct, or any loss, damage, or injury (including, but not limited to, death or other injury that is sustained from any communicable disease), CONSULTANT shall indemnify them for any judgment rendered against them for such negligent act, negligent omission, wrongful act, or any loss, damage, or injury (including, but not limited to, death or other injury that is sustained from any communicable disease), any sums paid out in settlement or otherwise, and all costs incurred by them in their defense, including but not limited to attorney’s fees. CONSULTANT also understands and agrees that it is being employed to perform the services provided for by this Agreement because of CONSULTANT’s professed expertise and experience in performing such services. In addition, CONSULTANT understands and agrees that while CITY or CITY’s officers, employees, agents, or volunteers may elect to do so, they have no duty to review, inspect, monitor, or supervise the work performed by CONSULTANT pursuant to this Agreement except as otherwise expressly provided for by this Agreement. As a consequence, CONSULTANT waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by CONSULTANT pursuant to this Agreement. The CONSULTANT’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

Indemnification/Hold Harmless. ☐ □ This Agreement is for design services by a design professional. As a separate and independent covenant from any covenant to carry insurance and consistent with California Civil Code Section 2782.8, when the services to be provided under this Agreement are design professional services to be performed by a design professional, as that term is defined under said Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, protect, defend, and hold the City harmless for all claims, demands, costs, or liability that arise out of, pertain, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, or agents in said performance of professional services under this Agreement, excepting only liability arising from the sole negligence, active negligence, or intentional misconduct of the City. As a separate and independent covenant from any covenant to carry insurance and other than in the performance of professional services by a design professional, which shall be solely as addressed by the immediately preceding subsection above, and to the full extent permitted by law, CONSULTANT shall indemnify and hold City harmless from and against any claim, action, damages, costs (including reasonable attorney’s 's fees and costs), injuries, or liability, arising out of this Agreement, or its performance. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend the City (at the City’s 's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. ☐ 181 This Agreement is for services other than design services by a design professional. As a separate and independent covenant from CONSULTANT’s 's obligations under Section 22 23 hereof, CONSULTANT shall indemnify, protect, defend with counsel acceptable to the CITY, and hold CITY and CITY’s 's officers, employees, agents, and volunteers harmless and free from any and all claims, liabilities, or expenses, including attorney’s 's fees, arising out of or relating to any negligent act, negligent omission, or wrongful conduct, or any loss, damage, or injury injury, including death, that is sustained from any communicable disease (including, but not limited toto any form of the coronavirus, death or other injury that is sustained anything emanating from any communicable diseaseor related to a coronavirus), related in any way to CONSULTANT’s 'S performance of its services pursuant to this AgreementthisAgreement. In the event CITY and/or any of CITY’s 's officers, employees, agents, or volunteers are named in any lawsuit, or should any claim be made against it or any of them by lawsuit or otherwise arising out of or relating to such negligent act, negligent omission, wrongful conduct, or any loss, damage, or injury injury, including death, that is sustained from any communicable disease (including, but not limited toto any form of the coronavirus, death or other injury that is sustained anything emanating from any communicable diseaseor related to a coronavirus), CONSULTANT shall indemnify them for any judgment rendered against them for such negligent act, negligent omission, wrongful act, or any loss, damage, or injury injury, including death, that is sustained from any communicable disease (including, but not limited toto any form of the coronavirus, death or other injury that is sustained anything emanating from any communicable diseaseor related to a coronavirus), any sums paid out in settlement or otherwise, and all costs incurred by them in their defense, including but not limited to attorney’s 's fees. CONSULTANT also understands and agrees that it is being employed to perform the services provided for by this Agreement because of CONSULTANT’s 's professed expertise and experience in performing such services. In addition, CONSULTANT understands and agrees that while CITY or CITY’s 's officers, employees, agents, or volunteers may elect to do so, they have no duty to review, inspect, monitor, or supervise the work performed by CONSULTANT pursuant to this Agreement except as otherwise expressly provided for by this Agreement. As a consequence, CONSULTANT waives any right of contribution against CITY or any of CITY’s 's officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by CONSULTANT pursuant to this Agreement. The CONSULTANT’s 's obligations under this Section of the Agreement shall survive the termination of the Agreement.