Indemnification of the City. The Applicant will indemnify, hold harmless and keep harmless, the City and its officers, agents and employees from and against all claims, damages, losses and expenses - including attorney's fees - arising out of or resulting from the performance of the work pursuant to this contract, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom, and is caused in whole or in part by any negligent or willful act or omission of the APPLICANT, APPLICANT'S LICENSED UTILITY CONTRACTOR (S), AND ANY SUBCONTRACTOR (S) thereof or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. In any and all claims against the City or any of its agents or employees, by any employee of the APPLICANT, APPLICANT'S LICENSED UTILITY CONTRACTOR (S), AND ANY SUBCONTRACTOR (S) thereof, any directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the APPLICANT, APPLICANT'S LICENSED UTILITY CONTRACTOR (S), AND ANY SUBCONTRACTOR (S) thereof, under Xxxxxxx'x Compensation Acts, Disability Benefits Acts or other employee benefits acts. Without limiting the foregoing, all of the provisions of Paragraph 11 shall apply without limitation to any claim or action in the nature of trespass, inverse condemnation, nuisance or similar claim or action for damage to real and/or personal property.
Indemnification of the City. During the time this License Agreement is in effect, the Licensee agrees to indemnify, defend, and save the City, and the City’s officers, commissioners, agents, employees, grantees, and assigns, harmless from and against all claims, actions, liabilities, damages, costs, expenses, and judgments, including attorneys’ fees, which relate to, arise from, or are in connection with the Licensee’s use, occupancy or maintenance of the right-of- way or any portion thereof on account of any injury to persons or damage to property, excluding therefrom such injury or damage caused by the negligence of the City.
Indemnification of the City. The Contractor shall indemnify and hold harmless the City, its officers, and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor and other persons employed or utilized by the Contractor in the performance of the Contract. The indemnification herein is limited to the greater of the Insurance of the Contractor for such claim. Regardless of the foregoing, this provision shall be limited by Section 725.06, Florida Statutes.
Indemnification of the City. (1) The Developer releases from and covenants and agrees that the City, and its governing bodies’ members, officers, agents, including the independent contractors, consultants and legal counsel, servants and employees thereof (hereinafter, for purposes of this Section, collectively the “Indemnified Parties”) shall not be liable for and agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Project, except to the extent caused by any willful misrepresentation or any willful or wanton misconduct of the Indemnified Parties.
(2) Except for any willful misrepresentation or any willful or wanton misconduct of the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from the actions or inactions of the Developer (or if other persons acting on its behalf or under its direction or control) under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Project; provided, that this indemnification shall not apply to the representations and warranties made or obligations undertaken by the City in this Agreement.
(3) All covenants, stipulations, promises, agreements and obligations of the City, respectively, contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City, respectively, and not of any governing body member, officer, agent, servant or employee of the City, respectively.
Indemnification of the City. 11.1 The Contractor agrees to defend, indemnify, and hold harmless the City, its officers, employees, and agents from and against any and all demands, claims, suits, actions, and costs arising from negligent acts or omissions of the Contractor, or of his/her agents and employees, in the performance of this Contract and to pay any and all judgments that may be incurred by or obtained against the City in relation to any such acts or omissions.
11.2 The Contractor expressly agrees that this indemnification provision includes all demands, claims, suits, and actions by the Contractor’s own employees to which the Contractor might otherwise be immune under Title 51 RCW. It is specifically and expressly understood that the indemnification provided herein constitutes the waiver of the Contractor’s waiver of immunity under Title 51 RCW solely for the purposes of this indemnification. The parties have mutually negotiated this waiver. This clause shall survive the termination or expiration of this Contract and shall continue to be in effect for any claims or causes of action arising hereunder.
Indemnification of the City. The Union hereby agrees to hold the City harmless from any and all liabilities or damages which may arise from the performance of its obligations under this Article and the Union shall indemnify the City for any such liabilities or damages that may arise.
Indemnification of the City. THE CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM ANY USE OF THE LEASED PREMISES, OR ANY PART THEREOF, OR CAUSED BY ANY DEFECT IN ANY BUILDING, STRUCTURE OR OTHER IMPROVEMENT THEREON, OR IN ANY EQUIPMENT OR OTHER FACILITY THEREIN, OR CAUSED BY OR ARISING FROM ANY ACT OR OMISSION OF THE LESSEES, OR ANY OF ITS AGENTS, EMPLOYEES, VOLUNTEERS, LICENSEES, OR INVITEES, OR BY OR FROM ANY ACCIDENT ON THE LAND OR ANY FIRE OR OTHER CASUALTY THEREON, OR OCCASIONED BY THE FAILURE OF THE LESSEES TO MAINTAIN THE PREMISES IN SAFE CONDITION, OR ARISING FROM ANY OTHER CAUSE WHATSOEVER; AND THE LESSEES HEREBY WAIVES ON ITS BEHALF ALL CLAIMS AND DEMANDS AGAINST THE CITY FOR ANY SUCH LOSS, DAMAGES OR INJURY OF THE LESSEES AND HEREBY AGREES TO INDEMNIFY AND HOLD THE CITY ENTIRELY FREE AND HARMLESS FROM ALL LIABILITY FOR ANY SUCH LOSS, DAMAGE OR INJURY OF OTHER PERSONS AND FROM ALL COSTS AND EXPENSES ARISING THEREFROM.
Indemnification of the City. The Contractor agrees to indemnify, save harmless, and defend the City and all of its officers, agents, and employees from and against any and all third party suits, claims, or proceedings (“Claims”), and any losses, damages, charges or expenses, whether direct or indirect, and liability of every name and nature related to such Claims (“Liabilities”) for or due to any loss or injury to persons or damages to real or tangible property to the extent caused by the Contractor or its employees, subcontractors or agents.
Indemnification of the City. CONTRACTOR shall defend, with counsel 3 acceptable to the CITY, indemnify and hold harmless, to the fullest extent allowed by law, CITY, 4 its officers, officials, employees, volunteers agents and assignees (indemnities), from and 5 against any and all loss, liability, penalties, forfeitures, claims, demands, actions, proceedings or 6 suits, in law or in equity, of every kind and description, (including, but not limited to, injury to and 7 death of any person and damage to property, or for contribution or indemnity claimed by third 8 parties) arising or resulting from or in any way connected with: (i) the operation of the 9 CONTRACTOR, its agents, employees, contractors, and/or subcontractors, in exercising the 10 privileges granted to it by this Agreement; (ii) the failure of the CONTRACTOR, its agents, 11 employees, contractors, and/or subcontractors to comply in all respects with the provisions and 12 requirements of this Agreement, applicable laws, ordinances and regulations, and/or applicable 13 permits and licenses; and (iii) the acts of CONTRACTOR, its agents, employees, contractors, 14 and/or subcontractors in performing services under this Agreement for which strict liability is 15 imposed by law. The foregoing indemnity shall apply regardless of whether such loss, liability, 16 penalty, forfeiture, claim, action, suit injury, death or damage is also caused in part by any of the 17 indemnitees’ negligence.
Indemnification of the City. 1. The City, its officers, boards, committees, commissions, elected officials, employees and agents shall not be liable for any loss or damage to any real or personal property of any person, or for any injury to or death of any person, arising out of or in connection with the construction, operation, maintenance, repair or removal of, or other action or event with respect to the system or as to any other action or event with respect to this franchise.
2. Grantee shall indemnify, defend, and hold harmless the City, its officers, boards, committees, commissions, elected officials, employees and agents, from and against all liability, damages, and penalties which they may legally be required to pay as a result of the exercise, administration, or enforcement of the franchise. Grantee’s obligations herein shall not include any alleged or actual liability which is based solely on City’s operation of PEG access facilities or equipment or the programming provided via such PEG facilities or equipment.
3. Nothing in this Franchise relieves a person, except the City, from liability arising out of the failure to exercise reasonable care to avoid injuring the Grantee’s facilities while performing work connected with grading, regarding, or changing the line of a right-of-way or public place or with the construction or reconstruction of a sewer or water system.
4. In order for City to assert its rights to be indemnified, defended, and held harmless, City must, with respect to each claim:
a. Promptly notify Grantee in writing of any claim or legal proceeding which gives rise to such right.
b. Afford Grantee the opportunity to participate in and fully control any compromise, settlement or other resolution or disposition of any claim or proceeding; and
c. Fully cooperate with reasonable requests of Grantee, at Grantee’s expense, in its participation in, and control, compromise, settlement or resolution or other disposition of such claim or proceeding subject to Paragraph 2 above.
