Common use of Indemnification of the City Clause in Contracts

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. The Applicant will indemnifyA. Developer agrees to indemnify and hold the City, hold harmless its employees, agents, independent contractors and keep harmlessconsultants (collectively, the “City and its officers, agents and employees Indemnified Parties”) harmless from and against any and all suits, claims, costs of defense, damages, losses injuries, liabilities, costs and/or expenses, including court costs and expenses - including attorney's fees - attorneys’ fees, resulting from, arising out of of, or resulting from in any way connected with: 1. the performance Developer’s actions and undertaking in implementation of the work pursuant to Work and this contractAgreement; 2. the negligence or willful misconduct of Developer, provided that its employees, agents, independent contractors and consultants in connection with the management, design, development, redevelopment and construction of the Work; or 3. any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or deathlitigation filed against the Developer by any member of the Developer, or to injury to any prospective investor, prospective partner or destruction of tangible property including the loss of use resulting therefromjoint venture partner, and lender, co-proposer, architect, contractor, consultant or other vendor which is caused not based in whole or in part by upon any negligent negligence or willful act or omission misconduct 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 the City’s breach of this Agreement. B. In the event any suit, action, investigation, claim or proceeding (collectively, an “Action”) is initiated or made as a result of which the Developer may become obligated to one or more of the City Indemnified Parties hereunder, any one of the City Indemnified Parties shall give prompt notice to the Developer of the occurrence of such event. After receipt of such notice, the Developer may elect to defend, contest or otherwise protect the City Indemnified Parties against any such Action, at the cost and expense of the Developer, utilizing counsel of the Developer’s choice. The City Indemnified Parties shall assist, at Developer’s sole discretion, in the defense thereof. In the event of such defense against any Action by Developer for the City, Developer shall provide to the City regular periodic reports on the status of such Action. In the event that the Developer shall fail timely to defend, contest or otherwise protect any of its agents the City Indemnified Parties against such Action, the City Indemnified Parties shall have the right to do so, and, if such defense is undertaken by the City Indemnified Parties after notice to the Developer asserting the Developer’s failure to timely defend, contest or employeesotherwise protect against such Action, by any employee the cost of such defense shall be at the expense of the APPLICANTDeveloper, APPLICANT'S LICENSED UTILITY CONTRACTOR (S), AND ANY SUBCONTRACTOR (S) thereof, including the right to offset against amounts of Developer Reimbursable Project Costs payable to the Developer. C. Any one of the City Indemnified Parties shall submit to the Developer any directly or indirectly employed by any of them, or anyone for whose acts any of them settlement proposal that the City Indemnified Parties shall receive which may be liable, accepted with the indemnification obligation approval of both the City and the Developer. The Developer shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or liable 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 payment of any amounts paid in settlement of any Action to the foregoing, all of the provisions of Paragraph 11 shall apply without limitation extent that and only with respect to any claim or action part the Developer expressly assumes in writing as part of such settlement. Neither the nature Developer nor the City Indemnified Parties will unreasonably withhold its consent to a proposed settlement. D. The right to indemnification set forth in this Agreement shall survive the termination of trespass, inverse condemnation, nuisance or similar claim or action for damage to real and/or personal propertythis Agreement.

Indemnification of the City. The Applicant will indemnifyA. Developer agrees to indemnify and hold the City, hold harmless its employees, agents, independent contractors and keep harmlessconsultants (collectively, the “City and its officers, agents and employees Indemnified Parties”) harmless from and against any and all suits, claims, costs of defense, damages, losses injuries, liabilities, costs and/or expenses, including court costs and expenses - including attorney's fees - attorneys fees, resulting from, arising out of of, or resulting from in any way connected with: 1. the performance Developer’s actions and undertaking in implementation of the work pursuant to Redevelopment Plan and this contractAgreement; 2. the negligence or willful misconduct of Developer, provided that its employees, agents, independent contractors and consultants in connection with the management, design, development, redevelopment and construction of the Project; or 3. any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or deathlitigation filed against the Developer by any member of the Developer, or to injury to any prospective investor, prospective partner or destruction of tangible property including the loss of use resulting therefromjoint venture partner, and lender, co-proposer, architect, contractor, consultant or other vendor which is caused not based in whole or in part by upon any negligent negligence or willful act or omission misconduct 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 the City’s breach of this Agreement. B. In the event any suit, action, investigation, claim or proceeding (collectively, an “Action”) is initiated or made as a result of which the Developer may become obligated to one or more of the City Indemnified Parties hereunder, any one of the City Indemnified Parties shall give prompt notice to the Developer of the occurrence of such event. After receipt of such notice, the Developer may elect to defend, contest or otherwise protect the City Indemnified Parties against any such Action, at the cost and expense of the Developer, utilizing counsel of the Developer’s choice. The City Indemnified Parties shall assist, at Developer’s sole discretion, in the defense thereof. In the event of such defense against any Action by Developer for the City, Developer shall provide to the City regular periodic reports on the status of such Action. In the event that the Developer shall fail timely to defend, contest or otherwise protect any of its agents the City Indemnified Parties against such Action, the City Indemnified Parties shall have the right to do so, and, if such defense is undertaken by the City Indemnified Parties after notice to the Developer asserting the Developer’s failure to timely defend, contest or employeesotherwise protect against such Action, by any employee the cost of such defense shall be at the expense of the APPLICANTDeveloper, APPLICANT'S LICENSED UTILITY CONTRACTOR (S), AND ANY SUBCONTRACTOR (S) thereof, including the right to offset against amounts of Reimbursable Redevelopment Costs payable to the Developer. C. Any one of the City Indemnified Parties shall submit to the Developer any directly or indirectly employed by any settlement proposal that the City Indemnified Parties shall receive which may only be accepted with the approval of them, or anyone for whose acts any of them may the Developer. The Developer shall 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 liable 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 payment of any amounts paid in settlement of any Action to the foregoing, all of the provisions of Paragraph 11 shall apply without limitation extent that and only with respect to any claim or action part the Developer expressly assumes in writing as part of such settlement. Neither the nature Developer nor the City Indemnified Parties will unreasonably withhold its consent to a proposed settlement. D. The right to indemnification set forth in this Agreement shall survive the termination of trespass, inverse condemnation, nuisance or similar claim or action for damage to real and/or personal propertythis Agreement.

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 anyone 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) SUB-CONTRACTOR thereof, under Xxxxxxx'x Workers' Compensation Acts, Disability Benefits Benefit Acts or other employee benefits acts. Without limiting the foregoing, all of the provisions of Paragraph 11 13 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. The Applicant Developer hereby indemnifies and holds harmless the City, its governing body members, officers, agents, including the independent contractors, consultants and legal counsel, servants and employees thereof (hereinafter, for purposes of this section collectively referred to as 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 development of the Project, provided that the foregoing indemnification shall not be effective for any negligent acts or willful misconduct of the Indemnified Parties in fulfilling the obligations of the City or its agents as set forth in this Agreement. Except for any willful misrepresentation, gross negligence, or willful misconduct of, or breach of this Agreement by, the Indemnified Parties, the Developer will indemnifyprotect and defend the Indemnified Parties from any claim, hold harmless demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from the action or inaction of the Developer (or 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 keep harmlessoperation of the Project. All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be covenants, stipulations, promises, agreements and obligations of the City and its officersnot of any governing body member, agents and employees from and against all claimsofficer, damagesagent, losses and expenses - including attorney's fees - arising out of servant 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 propertyCity.