Common use of Indemnification; Repayment Clause in Contracts

Indemnification; Repayment. PROMOTER shall indemnify and hold NASCAR and all NASCAR Rights Affiliates harmless from any and all claims, allegations, demands, obligations, suits, actions, causes of action, proceedings, rights, damages, and costs of any nature arising out of the Event or this Agreement, unless such claim, allegation, demand, obligation, suit, action, cause of action, proceeding, right, damage or cost arises solely out of the negligent act or negligent omission of NASCAR or any NASCAR Rights Affiliate. With respect to any matter falling within the scope of PROMOTER’s obligation to defend and hold NASCAR and the NASCAR Rights Affiliates harmless, NASCAR and the NASCAR Rights Affiliate shall be entitled to select counsel to represent it in such matter at PROMOTER’s expense, and that counsel’s duties and obligations in all respects shall be solely to NASCAR and to the NASCAR Rights Affiliate.

Indemnification; Repayment. PROMOTER shall indemnify and hold NASCAR and all NASCAR Rights Affiliates and NASCAR additional insureds harmless from any and all claims, allegations, demands, obligations, suits, actions, causes of action, proceedings, rights, damages, and costs of any nature arising out of the Event or this Agreement, unless such claim, allegation, demand, obligation, suit, action, cause of action, proceeding, right, damage or cost arises solely out of the negligent act or negligent omission of NASCAR or any NASCAR Rights Affiliate. With respect to any matter falling within the scope of PROMOTER’s obligation to defend and hold NASCAR and the NASCAR Rights Affiliates harmless, NASCAR and the NASCAR Rights Affiliate shall be entitled to select counsel to represent it in such matter at PROMOTER’s expense, and that counsel’s duties and obligations in all respects shall be solely to NASCAR and to the NASCAR Rights Affiliate.