Common use of Indemnification of Owner Clause in Contracts

Indemnification of Owner. (a) Subject to Section 4.1, Service Provider shall INDEMNIFY, PROTECT, DEFEND, RELEASE and HOLD HARMLESS Owner and its Affiliates and their respective directors, officers, managers, members and legal representatives (together with Owner and its Affiliates, the “Owner Indemnified Parties”) from and against any and all Losses suffered by Owner Indemnified Parties as a result of, caused by, or arising out of (i) any breach of a representation or warranty of Service Provider in this Agreement, (ii) any breach of any covenant of Service Provider under this Agreement, or (iii) the bad faith, fraud or willful misconduct of Service Provider or its Affiliates in its performance or failure to perform any obligation under this Agreement. (b) No statute, rule or regulation that precludes an injured party from bringing an Action against a fellow employee or employer shall preclude an Owner Indemnified Party from seeking and obtaining a judicial determination of the fault or negligence of such natural Persons for purposes of this Section 4.3.

Indemnification of Owner. (a) Subject to Section 4.13.1, Service Provider shall INDEMNIFY, PROTECT, DEFEND, RELEASE and HOLD HARMLESS Owner Owner, the Members (including, for the avoidance of doubt, any Member that is an Affiliate of Service Provider) and its other respective Affiliates (other than Service Provider), and their respective directors, officers, managers, members and legal representatives (together with Owner and its AffiliatesOwner, the “Owner Indemnified Parties”) from and against any and all Losses suffered by Owner Indemnified Parties as a result of, caused by, or arising out of (i) any breach of a representation or warranty of Service Provider in this Agreement, or (ii) any breach of any covenant of Service Provider under this Agreement, or (iii) the bad faith, fraud gross negligence or willful misconduct of Service Provider or its Affiliates in its performance or failure to perform any obligation Services under this Agreement. (b) No statute, rule rule, or regulation that precludes an injured party from bringing an Action action against a fellow employee or employer shall preclude an Owner Indemnified Party from seeking and obtaining a judicial determination of the fault or negligence of such natural Persons for purposes of this Section 4.3Section.