Indemnification of Town. A. As used in this Section, "Charges" means claims, lawsuits, judgments, costs, damages, losses, demands, liabilities, duties, obligations, fines, penalties, royalties, settlements, and expenses (included within "Charges" are (1) interest; (2) reasonable attorney's fees; and (3) amounts for alleged violations of sedimentation pollution, erosion control, pollution, or other environmental laws, regulations, ordinances, rules, or orders, including any such alleged violation that arises out of the handling, transportation, deposit, or delivery of the items that are the subject of this Agreement). In this Indemnification, "Town" includes Town and its officers, officials, employees, independent contractors, and agents, but shall not be construed to include Developer.
Indemnification of Town. The Owner hereby covenants and agrees to waive any right or entitlement it may have to any action, cause of action, losses, liens, damages, suits, judgments, orders, awards, claims and demands whatsoever against the Town, its Mayor and Councillors, employees, workmen, agents, contractors and consultants, and further covenants and agrees to indemnify and save harmless the Town, its Mayor and Councillors, employees, workmen, agents, contractors and consultants, from and against all actions, causes of action, losses, liens, damages, suits , judgments, orders, awards, claims and demands whatsoever, whether the same shall be with or without merit, and from all costs to which the Town, its Mayor and Councillors, employees, workmen, agents, contractors and consultants, may be put in defending or settling any such action, causes of actions, suits, claims or demands, which may arise either directly or indirectly by reason of, or as a consequence of, or in any way related to the Owner developing the Subject Lands including without limitation, the installation, construction, maintenance, repair and/or operation of any or all of the Services, including the oil interceptor and private septic system and including the water connection to the public water system, and the operation of the public system, (which release for the operation of the public water system is limited to its operation for fire water protection).
Indemnification of Town. Prior to beginning construction of the Utility Facilities, the Developer must provide Whitestown with certification that Whitestown is an additional named insured on a policy insuring Whitestown against any and all claims for personal injury or property damage resulting from construction of the Utility Facilities. The Developer shall further defend and hold harmless Whitestown against any and all such claims and indemnify Whitestown for all reasonable costs, including but not limited to attorneys’ fees, incurred by Whitestown as a result of any and all such claims.
Indemnification of Town. A. As used in this Section 4.4, "Charges" means claims. judgments, costs, damages. losses, demands, liabilities, duties, obligations. fines. penalties, royalties, settlements, and expenses. Included within "Charges" are (1) interest and reasonable attorney's fees and (2) amounts for alleged violations of sedimentation pollution, erosion control, pollution, or other environmental Laws, including any such alleged violation that arises out of the handling, transportation, deposit, or delivery of the items that are the subject of this Agreement.
B. To the maximum extent allowed by law, Developer shall defend, indemnify, and save harmless the Town from and against all Charges that arise in any manner from, in connection with. or out of this Agreement as a result of acts or omissions of Developer or Developer's contractors or subcontractors or anyone directly or indirectly employed by or contracting with any of them or anyone for whose acts any of them may be liable, except as otherwise limited in this Section 4.4. In performing its duties under this Section, Developer shall, at is sole expense, defend all Charges at Developers own expense. Notwithstanding the foregoing, Developer shall not be required to indemnify or hold harmless the Town against liability for any Charges or damages arising out of bodily injury or death to persons or damage to property proximately caused by or resulting from the negligence, in whole or in part, or willful misconduct of the Town.
C. Nothing in this Section 4.4 shall affect any warranties in favor of the Town that are otherwise provided in or arise out of this Agreement. This Section is in addition to and shall be construed separately from any other indemnification provisions that may be in this Agreement.
D. This Section 4.4 shall remain in force despite termination of this Agreement (whether by expiration of the term or otherwise) for a period of five (5) years after such termination.
Indemnification of Town. Renter will at all times indemnify the Town against all actions, claims, demands, liabilities and damages which may in any way be imposed on or incurred by Town as consequence of, or arising out of, any act, default or omission on the party of Renter or any of its officers, employees or agents for the use of the premises or any rights arising from this Agreement.
Indemnification of Town. XXXX agrees to and will at all times indemnify, save and hold harmless the Town and ORPRD from all liability, claims, demands, damages, and costs of every kind and nature, including attorney fees at trial or appellate levels, and damage to any and all property including loss of use thereof, resulting from or in any manner arising out of their relationship with the Town of Oak Ridge and ORPRD, their officers, employees, or agents, or resulting from or in any manner arising out of their relationship with the ORPRD, excepting only liability resulting solely from negligence of the Town or ORPRD. ORYA shall, upon request from the Town, defend and satisfy any and all suits arising from its use of the facilities. ORYA will provide the Town, upon initial execution and each renewal of this Agreement, a certificate of liability insurance coverage naming the Town as insured in the amount of One Million ($1,000,000) Dollars.
Indemnification of Town. Xxxxxxxxx agrees to hold harmless, indemnify and defend the Town from all expenses, liabilities, losses, judgments, damages and actions, including reasonable attorneys' fees, which Town may incur or suffer in connection with: (a) the gross negligence, willful misconduct, or material actions taken by Developer outside the scope of Developer's authority hereunder; and (b) Xxxxxxxxx's breach of this Agreement, beyond all available notice and cure periods hereunder. It is expressly understood and agreed that the provisions of Sections 5.1 shall survive the termination of this Agreement to the extent the cause arose prior to the Termination Date.
Indemnification of Town. (a) Subject to Article 13, Section 3, the Lessee shall indemnify, save harmless and defend the Town and its officers, employees, and agents (collectively, the “Town Indemnified Parties”) from and against all liabilities, losses, damages, penalties, costs, and expenses, including reasonable attorneys’ fees and disbursements, that may be imposed upon or incurred by or asserted against any Town Indemnified Party during the Term as a result of any accident, injury, or damage to any person or property occurring in, on or about the Lease Area or elsewhere arising from or related to the construction, installation, operation, repair, maintenance or replacement of the System caused by: (i) the negligence or intentional misconduct of Lessee or any of its agents, contractors, subcontractors, servants, employees, or invitees; or (ii) any failure on the part of Lessee or any of its agents, contractors, subcontractors, subtenants, servants, employees, licensees or invitees in, on or about the Lease Area to fully comply with the Applicable Legal Requirements of any of the Lessee’s other obligations hereunder.
(b) In case any action or proceeding is brought against any Town Indemnified Party by reason of any such claim, the Town may, but shall not be obligated to, elect that Lessee defend such action or proceeding with counsel selected by Lessee and approved by the Town (such approval not to be unreasonably withheld or delayed). Upon written notice from Town of such election, Lessee shall defend such action or proceeding at Lessee’s expense.
Indemnification of Town. 7.1. To the fullest extent permitted by law, Xxxxxxxxx shall indemnify, defend, and hold harmless the Town from any loss, cost, expense, liability, obligation or other damage (including court costs and reasonable attorneys’ fees) suffered by the Town resulting from, arising out of, or incurred with respect to the falsity or the breach of any representation, warranty or covenant made by Xxxxxxxxx in this Agreement.
Indemnification of Town. A. As used in this Section, "Charges" means claims, lawsuits, judgments, costs, damages, losses, demands, liabilities, duties, obligations, fines, penalties, royalties, settlements, and expenses (included within "Charges" are (1) interest; (2) reasonable attorney's fees; and (3) amounts for alleged violations of sedimentation pollution, erosion control, pollution, or other environmental laws, regulations, ordinances, rules, or orders, including any such alleged violation that arises out of the handling, transportation, deposit, or delivery of the items that are the subject of this Agreement). In this Indemnification, "Town" includes Town and its officers, officials, employees, independent contractors, and agents, but shall not be construed to include Developer. Accordingly, in this Indemnification, “Developer” shall include Developer, its agents, officers, officials, employees, independent contractors, and representatives.
