Common use of Indemnification of City Clause in Contracts

Indemnification of City. (a) Developer agrees to indemnify and hold the City Indemnified Parties harmless from and against any and all suits, claims, costs of defense, damages, injuries, liabilities, judgments, costs and/or expenses, including court costs and reasonable attorneys’ fees, resulting from, arising out of, or in any way connected with: (i) the Developer’s actions and undertaking in implementation of the Project or this Agreement; (ii) the negligence or willful misconduct of Developer, its employees, agents or independent contractors and consultants in connection with the management, design, development, redevelopment and construction of the Project; and (iii) any delay or expense resulting from any litigation filed against the Developer by any member or shareholder of the Developer, any prospective investor, prospective partner or joint venture partner, lender, co-proposer, architect, contractor, consultant or other vendor. It is understood that the duty of the Developer to indemnify or hold harmless includes the duty to defend. This indemnification and hold harmless clause shall apply whether or not insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 6.01 will not apply to willful misconduct or negligence of the City or its officers, or employees. This Section 6.01 includes, but is not limited to, any repair, cleanup, remediation, detoxification, or preparation and implementation of any removal, remediation, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes including petroleum and its fractions as defined in (i) the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”; 42 U.S.C. Section 9601, et seq.), (ii) the Resource Conservation and Recovery Act (“RCRA”; 42 U.S.C. Section 6901 et seq.) and (iii) Article 34, Chapter 65, K.S.A. and all amendments thereto, at any place where Developer owns or has control of real property pursuant to any of Developer’s activities under this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of CERCLA to assure, protect, hold harmless and indemnify City from liability. (b) To the extent that Developer’s indemnity obligation under this Agreement is in direct conflict with the terms of a Certificate of Release for Environmental Conditions related to the Xxxxxxx-Xxxxxx Redevelopment District that Developer obtains for property located within the District, the Certificate of Release will control. (c) In the event any Action is begun or made as a result of which the Developer or City may become obligated to one or more of the City Indemnified Parties hereunder, any one of the City Indemnified Parties will give prompt notice to the Developer of the occurrence of such event. (d) The rights to indemnification set forth in this Agreement will survive the expiration or earlier termination of this Agreement.

Indemnification of City. (a) Developer agrees to indemnify and hold the City and the City Indemnified Parties harmless from and against any and all suits, claims, costs of defense, damages, injuries, liabilities, judgments, costs and/or expenses, including court costs and reasonable attorneys’ fees, resulting from, arising out of, or in any way connected with: (i) the Developer’s actions and undertaking in implementation of the Developer Project or this Agreement;; and (ii) the negligence or willful misconduct of Developer, its their employees, agents or independent contractors and consultants engaged or employed by the Developer in connection with the management, design, development, redevelopment and construction of the Developer Project; and (iii) any delay or expense resulting from any litigation filed against the Developer by any member or shareholder of the Developer, any prospective investor, prospective partner or joint venture partner, lender, co-proposer, architect, contractor, consultant or other vendor. It is understood that the duty of the Developer to indemnify or hold harmless includes the duty to defend. This indemnification and hold harmless clause shall apply whether or not insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 6.01 8.01 will not apply to willful misconduct or negligence of the City or its officers, agents, or employees. This Section 6.01 8.01 includes, but is not limited to, any repair, cleanup, remediation, detoxification, or preparation and implementation of any removal, remediation, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes including petroleum and its fractions as defined in (i) the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”; 42 U.S.C. Section 9601, et seq.), (ii) the Resource Conservation and Recovery Act (“RCRA”; 42 U.S.C. Section 6901 et seq.) and (iii) Article 34, Chapter 65, K.S.A. and all amendments thereto, at any place where Developer owns or has control of real property pursuant to any of Developer’s activities under this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of CERCLA to assure, protect, hold harmless and indemnify the City and the City Indemnified Parties from liability. (b) To the extent that Developer’s indemnity obligation under this Agreement is in direct conflict with the terms of a Certificate of Release for Environmental Conditions related to the Xxxxxxx-Xxxxxx Redevelopment District that Developer obtains for property located within the District, the Certificate of Release will control. (c) In the event any Action is begun or made as a result of which the Developer or City may become obligated to one or more of the City Indemnified Parties hereunder, any one of the City Indemnified Parties will give prompt notice to the Developer of the occurrence of such event. (dc) The rights to indemnification set forth in this Agreement will survive the expiration or earlier termination of this Agreement.

Indemnification of City. (a) Developer agrees to indemnify and hold the City Indemnified Parties harmless from and against any and all suits, claims, costs of defense, damages, injuries, liabilities, judgments, costs and/or expenses, including court costs and reasonable attorneys’ fees, resulting from, arising out of, or in any way connected with: (ia) the Developer’s actions and undertaking in implementation of the Project or this Agreement; (iib) the negligence or willful misconduct of Developer, its employees, agents or independent contractors and consultants in connection with the management, design, development, redevelopment and construction of the ProjectParcel A Facility or Parcel B Facility; and (iiic) any delay or expense resulting from any litigation filed against the Developer by any member or shareholder of the Developer, any prospective investor, prospective partner or joint venture partner, lender, co-proposer, architect, contractor, consultant or other vendor. It is understood that the duty of the Developer to indemnify or hold harmless includes the duty to defend. This indemnification and hold harmless clause Section shall apply whether or not insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 6.01 will not apply to willful misconduct or negligence of the City or its officers, employees or employeesagents to the extent the City may be liable under the Kansas Tort Claims Act. This Section 6.01 includes, but is not limited to, any repair, cleanup, remediation, detoxification, or preparation and implementation of any removal, remediation, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes including petroleum and its fractions as defined in (i) the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”; 42 U.S.C. Section 9601, et seq.), (ii) the Resource Conservation and Recovery Act (“RCRA”; 42 U.S.C. Section 6901 et seq.) ), and (iii) Article 34, Chapter 65, K.S.A. and all amendments thereto, at any place where Developer owns or has control of real property pursuant to any of Developer’s activities under this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of CERCLA to assure, protect, hold harmless and indemnify City from liability. (b) To the extent that Developer’s indemnity obligation under this Agreement is in direct conflict with the terms of a Certificate of Release for Environmental Conditions related to the Xxxxxxx-Xxxxxx Redevelopment District that Developer obtains for property located within the District, the Certificate of Release will control. (c) In the event any Action is begun or made as a result of which the Developer or City may become obligated to one or more of the City Indemnified Parties hereunder, any one of the City Indemnified Parties will give prompt notice to the Developer of the occurrence of such event. (d) The rights to indemnification set forth in this Agreement will survive the expiration or earlier termination of this Agreement.

Indemnification of City. (a) Developer Xxxxxxxxx agrees to indemnify and hold the City and the City Indemnified Parties harmless from and against any and all suits, claims, costs of defense, damages, injuries, liabilities, judgments, costs and/or expenses, including court costs and reasonable attorneys’ fees, resulting from, arising out of, or in any way connected with: (i) the Developer’s actions and undertaking in implementation of the Developer Project or this Agreement; (ii) the negligence or willful misconduct of Developer, its their employees, agents or independent contractors and consultants engaged or employed by the Developer in connection with the management, design, development, redevelopment and construction of the Developer Project; and (iii) any delay or expense resulting from any litigation filed against the Developer by any member or shareholder of the Developer, any prospective investor, prospective partner or joint venture partner, lender, co-proposer, architect, contractor, consultant or other vendor. It is understood that the duty of the Developer to indemnify or hold harmless includes the duty to defend. This indemnification and hold harmless clause shall apply whether or not insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 6.01 7.01 will not apply to willful misconduct or gross negligence of the City or its officers, agents, or employees. This Section 6.01 7.01 includes, but is not limited to, any repair, cleanup, remediation, detoxification, or preparation and implementation of any removal, remediation, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes including petroleum and its fractions as defined in (i) the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”; 42 U.S.C. Section 9601, et seq.), (ii) the Resource Conservation and Recovery Act (“RCRA”; 42 U.S.C. Section 6901 et seq.) and (iii) Article 34, Chapter 65, K.S.A. and all amendments thereto, at any place where Developer owns or has control of real property pursuant to any of Developer’s activities under this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of CERCLA to assure, protect, hold harmless and indemnify the City and the City Indemnified Parties from liability. (b) To the extent that Developer’s indemnity obligation under this Agreement is in direct conflict with the terms of a Certificate of Release for Environmental Conditions related to the Xxxxxxx-Xxxxxx Redevelopment District that Developer obtains for property located within the District, the Certificate of Release will control. (c) In the event any Action is begun or made as a result of which the Developer or City may become obligated to one or more of the City Indemnified Parties hereunder, any one of the City Indemnified Parties will give prompt notice to the Developer of the occurrence of such event. (dc) The rights to indemnification set forth in this Agreement will survive the expiration or earlier termination of this Agreement.

Indemnification of City. (a) A. The Developer agrees to indemnify and hold the City, its employees, agents and independent contractors and consultants (collectively, the “City Indemnified Parties harmless Parties”) harmless, but only to the extent of actual insurance coverage being available as a result of the insurance maintained by the Developer pursuant to Section 6.5 hereof, from and against any and all suits, claims, costs of defense, damages, injuries, liabilities, judgments, costs and/or expenses, including court costs and reasonable attorneys’ attorneys fees, resulting from, arising out of, of or in any way connected with: (i) 1. the Developer’s actions and undertaking in implementation of the TDD Project or this Agreement;; and (ii) 2. the negligence or willful misconduct of the Developer, its employees, agents or independent contractors and consultants in connection with the management, design, development, redevelopment and construction of the TDD Project; and (iii) 3. any delay or expense resulting from any litigation filed against the Developer by any member or shareholder of the Developer, any prospective investor, prospective partner or joint venture partner, lender, co-proposer, architect, contractor, consultant or other vendor. It is understood that the duty of the Developer to indemnify or hold harmless includes the duty to defend. This indemnification and hold harmless clause section shall apply whether or not insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 6.01 will not apply to willful misconduct or negligence of the City or its officers, employees or employeesagents. This Section 6.01 section includes, but is not limited to, any repair, cleanup, remediation, detoxification, or preparation and implementation of any removal, remediation, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes including petroleum and its fractions as defined in (i) the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”; 42 U.S.C. Section 960100 X.X.X. Xxxxxxx 0000, et seqXx xxx.), (iixx) the Resource Conservation and Recovery Act (“RCRA”; 42 U.S.C. Section 6901 et seq.) and (iii) Article 34, Chapter 65, K.S.A. and all amendments thereto, at any place where the Developer owns or has control of real property pursuant to any of the Developer’s activities under this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e107 (e) of CERCLA to assure, protect, protect hold harmless and indemnify City from liability. (b) To the extent that Developer’s indemnity obligation under this Agreement is in direct conflict with the terms of a Certificate of Release for Environmental Conditions related to the Xxxxxxx-Xxxxxx Redevelopment District that Developer obtains for property located within the District, the Certificate of Release will control. (c) B. In the event any Action suit, action, investigation, claim or proceeding (collectively, an “Action”) is begun or made as a result of which the Developer or City may become obligated to one or more of the City Indemnified Parties hereunder, any one of the City Indemnified Parties will shall give prompt notice to the Developer of the occurrence of such event. (d) C. The rights right to indemnification set forth in this Agreement will shall survive the expiration or earlier termination of this Agreement.

Indemnification of City. (a) Developer Xxxxxxxxx agrees to indemnify and hold the City and the City Indemnified Parties harmless from and against any and all suits, claims, costs of defense, damages, injuries, liabilities, judgments, costs and/or expenses, including court costs and reasonable attorneys’ fees, resulting from, arising out of, or in any way connected with: (i) the Developer’s actions and undertaking in implementation of the Developer Project or this Agreement; (ii) the negligence or willful misconduct of Developer, its their employees, agents or independent contractors and consultants engaged or employed by the Developer in connection with the management, design, development, redevelopment and construction of the Developer Project; and (iii) any delay or expense resulting from any litigation filed against the Developer by any member or shareholder of the Developer, any prospective investor, prospective partner or joint venture partner, lender, co-proposer, architect, contractor, consultant or other vendor. It is understood that the duty of the Developer to indemnify or hold harmless includes the duty to defend. This indemnification and hold harmless clause shall apply whether or not insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 6.01 7.01 will not apply to willful misconduct or gross negligence of the City or its officers, agents, or employees. This Section 6.01 7.01 includes, but is not limited to, any repair, cleanup, remediation, detoxification, or preparation and implementation of any removal, remediation, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes including petroleum and its fractions as defined in (i) the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”; 42 U.S.C. Section 9601, et seq.), (ii) the Resource Conservation and Recovery Act (“RCRA”; 42 U.S.C. Section 6901 et seq.) and (iii) Article 34, Chapter 65, K.S.A. and all amendments thereto, at any place where Developer owns or has control of real property pursuant to any of Developer’s activities under this AgreementAgreement but only for conditions that Developer commits or contributes to on or after the Effective Date and not for conditions that existed prior to the Effective Date. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of CERCLA to assure, protect, hold harmless and indemnify the City and the City Indemnified Parties from liability. (b) To the extent that Developer’s indemnity obligation under this Agreement is in direct conflict with the terms of a Certificate of Release for Environmental Conditions related to the Xxxxxxx-Xxxxxx Redevelopment District that Developer obtains for property located within the District, the Certificate of Release will control. (c) In the event any Action is begun or made as a result of which the Developer or City may become obligated to one or more of the City Indemnified Parties hereunder, any one of the City Indemnified Parties will give prompt notice to the Developer of the occurrence of such event. (dc) The rights to indemnification set forth in this Agreement will survive the expiration or earlier termination of this Agreement.

Indemnification of City. (a) Developer agrees to indemnify and hold the City Indemnified Parties harmless from and against any and all suits, claims, costs of defense, damages, injuries, liabilities, judgments, costs and/or expenses, including court costs and reasonable attorneys’ fees, resulting from, arising out of, or in any way connected with: (i) the Developer’s actions and undertaking in implementation of the Project or this Agreement; (ii) the negligence or willful misconduct of Developer, its employees, agents or independent contractors and consultants in connection with the management, design, development, redevelopment and construction of the Project; and (iii) any delay or expense resulting from any litigation filed against the Developer by any member or shareholder of the Developer, any prospective investor, prospective partner or joint venture partner, lender, co-proposer, architect, contractor, consultant or other vendor. It is understood that the duty of the Developer to indemnify or hold harmless includes the duty to defend. This indemnification and hold harmless clause shall apply whether or not insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 6.01 . This Section will not apply to willful misconduct or negligence of the City or its officers, or employees. This Section 6.01 includes, but is not limited to, any repair, cleanup, remediation, detoxification, or preparation and implementation of any removal, remediation, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes including petroleum and its fractions as defined in (i) the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”; 42 U.S.C. Section 9601, et seq.), (ii) the Resource Conservation and Recovery Act (“RCRA”; 42 U.S.C. Section 6901 et seq.) and (iii) Article 34, Chapter 65, K.S.A. and all amendments thereto, at any place where Developer owns or has control of real property pursuant to any of Developer’s activities under this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of CERCLA to assure, protect, hold harmless and indemnify City from liability. (b) To the extent that Developer’s indemnity obligation under this Agreement is in direct conflict with the terms of a Certificate of Release for Environmental Conditions related to the Xxxxxxx-Xxxxxx Redevelopment District that Developer obtains for property located within the District, the Certificate of Release will control. (c) In the event any Action is begun or made as a result of which the Developer or City may become obligated to one or more of the City Indemnified Parties hereunder, any one of the City Indemnified Parties will give prompt notice to the Developer of the occurrence of such event. No indemnitor shall be liable for any claims or other liabilities under this Section 9.01, and is not required to hold any party harmless, unless it was given the reasonable opportunity to defend, and control the defense of, the claim giving rise to the liability. No indemnitor be liable for any claims or other liabilities under this Section 9.01, and is not required to hold any party harmless, if there was a settlement by the City or a City Indemnified Party, or an admission or stipulation by the City or a City Indemnified Party, without the indemnitor’s prior written consent, which consent may be granted or withheld in the indemnitor’s sole and absolute discretion. (dc) The rights to indemnification set forth in this Agreement will survive the expiration or earlier termination of this Agreement.