Indemnification of the Client. (a) OCWA shall exonerate, indemnify and hold harmless the Client, its directors, officers, employees and agents from and against Claims which may be suffered or incurred by, accrue against or be charged to or recoverable from the Client to the extent that such Claim is solely attributed to OCWA’s negligence or wilful misconduct when performing the Services, except where such Claim is due to an Uncontrollable Circumstance or to a condition of the Facilities which existed prior to OCWA’s commencement of the Services (a “Pre-existing Condition”), including but not limited to those listed in Schedule F. Such Pre-existing Conditions shall be the ongoing responsibility of the Client. OCWA, in providing these Services, is not responsible, accountable or liable, in any way, for Pre-existing Conditions, either directly or indirectly.
(b) The Client shall be deemed to hold the provisions of this Section 2.5 that are for the benefit of the Client’s directors, officers, employees and agents in trust for such directors, officers, employees and agents as third party beneficiaries under this Agreement.
(c) Notwithstanding Paragraph 2.5(a) above, OCWA shall not be liable in respect of any Claim to the extent the Claim is covered by the Insurance.
(d) Claims by the Client for indemnification from OCWA will follow the Indemnification Process as described in Schedule B.
Indemnification of the Client. The Trustee shall be liable to the Client for compensation up to the full value of the damage in the following cases:
1.24.1. Quantitative or qualitative damage to the goods
1.24.2. For damages caused by loading or delivering the goods differently from the disposition (loading or unloading at a different location, loading from a bad ship, unloading into a bad ship, etc.).
1.24.3. Damage caused to the truck during the execution of the order (e.g. scattering of goods, destruction of goods due to an accident, etc.)
1.24.4. Missing goods or loss of goods
1.24.5. Damage caused by foreign matter
1.24.6. Damage caused by theft of goods
1.24.7. In case of weight loss over 2 parts per thousand per shipment (bulk goods)
1.24.8. If the Trustee reloads or loads larger quantities contrary to the disposition, and this results in the other carrier sent with the disposition not getting a work. In this case, the Trustee is obliged to pay the damage caused to the other carrier.
1.24.9. The parties consider the loss of goods to be the case when the Trustee does not wait for the unloading of the truck (s) arriving in front of him, and its consignment is unloaded arbitrarily at the site without the knowledge or consent of the Client
1.24.10. In the event of the Trustee’s late delivery, late performance, time gate limit being exceeded or not appearing, the Client is entitled to compensate the amount of the penalty invoiced by the owner of the goods from the Trustee’s invoice with him, in case of lack of cover, to re-invoice it to the Trustee, to which the Trustee agrees.
Indemnification of the Client.
(a) OCWA shall defend, indemnify and save harmless the Client, its elected officials, officers, employees and agents from and against any and all claims of any nature, actions, causes of action, losses, expenses, fines, costs (including legal costs), interest or damages of every nature and kind whatsoever (a “Claim”), including but not limited to bodily injury, sickness, disease or death or to damage to or destruction of tangible property including loss of revenue or incurred expense resulting from disruption of service, arising out of or allegedly attributable to the negligence, acts, errors, omissions, misfeasance, nonfeasance, fraud or willful misconduct of OCWA, its directors, officers, employees, agents, contractors and subcontractors, or any of them, in connection with or in any way related to the delivery or performance of this Agreement except where such Claim is due to an Uncontrollable Circumstance or to a condition of the Facilities which existed prior to OCWA’s commencement of the Services (a “Pre-existing Condition”), including but not limited to those listed in Schedule F. Such Pre-existing Conditions shall be the ongoing responsibility of the Client. OCWA, in providing these Services, is not responsible, accountable or liable, in any way, for Pre-existing Conditions, either directly or indirectly.
(b) The indemnification in Paragraph 2.5(a) above shall extend to Claims arising out of or in connection with OCWA’s status with the Workplace Safety and Insurance Board..
Indemnification of the Client. (18.1) The Consultant shall indemnify and hold harmless the Client from and against any action and all losses, liabilities, costs, claims, damages and expenses which the Client may incur in relation to, arising out of, or otherwise in respect of any act, omission, error or negligence of the Consultant arising from the Consultants performance of its obligations under this Contract, including third party claims. The Consultant shall reimburse the Client for all costs, charges and expenses which the Client may pay or incur in connection with investigating, disputing or defending against any such action or losses.
(18.2) The Consultant shall indemnify and hold harmless the Client from and against any and all losses, liabilities, costs, claims, damages, expenses, fines and penalties of whatever nature arising or resulting from the violation of any laws or regulations by the Consultant or its Personnel and any Subcontractors and their Personnel.
Indemnification of the Client. (22.1) Nothing contained in this Contract shall be construed as establishing or creating any relationship between the Client and the Supplier other than that of independent contractor. Accordingly, each party shall accept no liability in contract or in tort or any responsibility for the acts, omissions, errors or negligence of the other party. Neither party shall be liable to the other party for any lost profits, indirect, consequential, incidental, punitive and special damages.
(22.2) The Supplier undertakes to indemnify and hold harmless the Client from and against any action and all losses, liabilities, costs, claims, damages and expenses which the Client may incur in relation to, arising out of, or otherwise in respect of any act, omission, error or negligence of the Supplier arising from the Supplier’s performance of its obligations under the Contract, including third party claims. The Supplier shall reimburse the Client for all costs, charges and expenses which the Client may pay or incur in connection with investigating, disputing or defending against any such action or losses.
Indemnification of the Client. DPS Recovery shall indemnify, defend, and hold Client and each of its officers, directors, employees, affiliates, and agents harmless from and pay any and all losses, costs, damages, claims, obligations, liabilities and expenses (including, without limitation, all reasonable attorneys’ fees and costs), whether known or unknown, contingent or vested, matured or not matured, whether or not resulting from third-party claims, directly or indirectly, resulting from, relating to, arising out of or attributable to (i) any breach, violation or default by DPS Recovery of any term, covenant, warranty, representation, agreement, provision, or obligation set forth in this Agreement or (b) any violation or breach of any rule, regulation, statute, or law governing the Services unless such violation is the direct or proximate result of Client’s (i) breach, violation or default of any term, covenant, warranty, representation, agreement, provision, or obligation set forth in this Agreement or (ii) act or omission, including Client’s negligence.
Indemnification of the Client. Each Network Pharmacist shall indemnify, defend and hold harmless the Client, its Affiliates and their respective present and former directors, officers, shareholders, agents,
Indemnification of the Client. Except as involves a breach by the CLIENT of a representation, warranty or covenant set out in this Agreement, the COMPANY hereby agrees to indemnify and holds harmless:
