Common use of Indemnification Rider Clause in Contracts

Indemnification Rider. a. To the fullest extent permitted by law, the Construction Manager shall indemnify and hold harmless the Owner and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Construction Manager, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article, nor shall the Construction Manager be responsible to indemnify the Owner for Owner's negligence. b. In any and all claims against the Owner or any of their agents or employees by any employee of the Construction Manager, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this section 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 Construction Manager or any Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. c. The obligations of the Construction Manager under this section 13.2(9) shall not extend to the liability of Architect/Engineer, his agents or employees, arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instruction by Architect/Engineer, his agents or employees providing such giving or failure to give is the primary cause of the injury or damage.

Appears in 7 contracts

Samples: Construction Management Agreement, Construction Management Services Agreement, Construction Management Services Agreement

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Indemnification Rider. a. (a) To cover to the fullest extent permitted by law, the Construction Manager shall indemnify and hold harmless the Owner and the Architect-Engineer and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Workwork, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Construction Manager, any Subcontractorsubcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article, nor shall the Construction Manager be responsible to indemnify the Owner for Owner's negligence. b. (b) In any and all claims against the Owner or the Architect-Engineer or any of their agents or employees by any employee of the Construction Manager, any Subcontractorsubcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this section Paragraph 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 Construction Manager or any Subcontractor subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. c. (c) The obligations of the Construction Manager under this section Article 13.2(9) shall not extend to the liability of the Architect/-Engineer, his their agents or employees, arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instruction by the Architect/-Engineer, his their agents or employees providing such giving or failure to give is the primary cause of the injury or damage. (d) The Construction Manager hereby acknowledges receipt of one hundred dollars and other good and valuable consideration as part of its fee in exchange for giving the Owner and Architect-Engineer, respectively, the indemnification provided above in Article 13.2(9). The limit of such indemnification shall be $1,000,000.00 per occurrence.

Appears in 2 contracts

Samples: Construction Project Agreement, Construction Project Agreement

Indemnification Rider. a. To the fullest extent permitted by law, the Construction Manager shall indemnify and hold harmless the Owner and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Construction Manager, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article, nor shall the Construction Manager be responsible to indemnify the Owner for Owner's negligence. b. In any and all claims against the Owner or any of their agents or employees by any employee of the Construction Manager, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this section 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 Construction Manager or any Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. c. The obligations of the Construction Manager under this section 13.2(9) shall not extend to the liability of Architect/Engineer, his agents or employees, arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instruction by Architect/Engineer, his agents or employees providing such giving or failure to give is the primary cause of the injury or damage.

Appears in 2 contracts

Samples: Construction Management Agreement, Construction Management Agreement

Indemnification Rider. a. (a) To cover to the fullest extent permitted by law, the Construction Manager shall indemnify and hold harmless the Owner and their its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is only to the extent caused in whole or in part by any negligent or intentionally wrongful act or omission of the Construction Manager, any Subcontractorsubcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article, nor shall the Construction Manager be responsible to indemnify the Owner for Owner's negligence. b. (b) In any and all claims against the Owner or any of their its agents or employees by any employee of the Construction Manager, any Subcontractorsubcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this section Paragraph 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 Construction Manager or any Subcontractor subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. c. (c) The obligations of the Construction Manager under this section 13.2(9Article 13.2(8) shall not extend to the liability of Architect/-Engineer, his agents or employees, arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instruction by Architect/-Engineer, his agents or employees providing such giving or failure to give is the primary cause of the injury or damage. (d) The Construction Manager hereby acknowledges receipt of ten dollars and other good and valuable consideration from the Owner and acknowledges receipt of ten dollars and other good and valuable consideration from the Architect-Engineer in exchange for giving the Owner and Architect-Engineer, respectively, the indemnification provided above in Article 13.2(8).

Appears in 2 contracts

Samples: Building Construction Agreement, Building Construction Agreement

Indemnification Rider. a. (a) To cover to the fullest extent permitted by law, the Construction Manager Contractor shall indemnify and hold harmless the Owner and the Architect/Engineer and their agents and employees from and against all claims, damages, losses losses, and expenses, including but not limited to attorney's ’s fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Construction ManagerContractor, any Subcontractorsubcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, abridge or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article, nor shall the Construction Manager be responsible to indemnify the Owner for Owner's negligence. b. (b) In any and all claims against the Owner or the Architect-Engineer or any of their agents or employees by any employee of the Construction ManagerContractor, any Subcontractorsubcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this section Paragraph 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 Construction Manager Contractor or any Subcontractor subcontractor under workers' or workmen's ’s compensation acts, disability benefit acts or other employee benefit acts. c. (c) The obligations of the Construction Manager Contractor under this section 13.2(9Article 12.2(9) shall not extend to the liability of the Architect/Engineer, his agents or employees, arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instruction by Architect/Engineer, his agents or employees providing such giving or failure to give is the primary cause of the injury or damage. (d) The Contractor hereby acknowledges receipt of ten dollars and other good and valuable consideration from the Owner and acknowledges receipt of ten dollars and other good and valuable consideration from the Architect/Engineer in exchange for giving the Owner and Architect/Engineer, respectively, the indemnification provided above in Article 12.2.9.

Appears in 1 contract

Samples: Agreement Between Owner & Construction Manager

Indemnification Rider. a. a) To cover to the fullest extent permitted by law, the Construction Manager CM shall indemnify and hold harmless the Owner and the AE and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Construction ManagerCM, any Subcontractorsubcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article, nor shall the Construction Manager be responsible to indemnify the Owner for Owner's negligence. b. b) In any and all claims against the Owner or the AE or any of their agents or employees by any employee of the Construction ManagerCM, any Subcontractorsubcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this section Paragraph 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 Construction Manager CM or any Subcontractor subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. c. c) The obligations of the Construction Manager under this section 13.2(9) CM shall not extend to the liability of Architect/EngineerAE, his its agents or employees, arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instruction by Architect/Engineer, his agents or employees providing such giving or failure to give is the primary cause of the injury or damage.or

Appears in 1 contract

Samples: Construction Manager Agreement

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Indemnification Rider. a. (A) To cover to the fullest extent permitted by law, the Construction Manager Contractor shall indemnify and hold harmless the Owner and the Architect-Engineer and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Workwork, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Construction ManagerContractor, any Subcontractorsubcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article, nor shall the Construction Manager be responsible to indemnify the Owner for Owner's negligence. b. (B) In any and all claims against the Owner or the Architect-Engineer or any of their agents or employees by any employee of the Construction ManagerContractor, any Subcontractorsubcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this section Paragraph 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 Construction Manager Contractor or any Subcontractor subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. c. (C) The obligations of the Construction Manager Contractor under this section 13.2(9Article 11.2(9) shall not extend to the liability of the Architect/-Engineer, his their agents or employees, arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instruction by the Architect/-Engineer, his their agents or employees providing such giving or failure to give is the primary cause of the injury or damage. (D) The Contractor hereby acknowledges receipt of one hundred dollars and other good and valuable consideration as part of its fee in exchange for giving the Owner and Architect-Engineer, respectively, the indemnification provided above in Article 11.2(9). The limit of such indemnification shall be $1,000,000.00 per occurrence.

Appears in 1 contract

Samples: Construction Project Agreement

Indemnification Rider. a. (a) To cover to the fullest extent permitted by law, the Construction Manager PROVIDER shall indemnify and hold harmless the Owner DEPARTMENT and their its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Construction ManagerPROVIDER, any Subcontractorsubcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article, nor shall the Construction Manager be responsible to indemnify the Owner for Owner's negligence. b. (b) In any and all claims against the Owner DEPARTMENT or any of their agents or employees by any employee of the Construction ManagerPROVIDER, any Subcontractorsubcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this section Paragraph 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 Construction Manager PROVIDER or any Subcontractor subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. c. (c) The obligations PROVIDER hereby acknowledges receipt of ten dollars and other good and valuable consideration from the Construction Manager under this section 13.2(9) shall not extend to DEPARTMENT in exchange for giving the liability of Architect/Engineer, his agents or employees, arising out of (1) DEPARTMENT the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instruction by Architect/Engineer, his agents or employees providing such giving or failure to give is the primary cause of the injury or damageindemnification provided above in Article 13.2.

Appears in 1 contract

Samples: Agreement Between Department and Provider (Correctional Services Corp)

Indemnification Rider. a. A. To the fullest extent permitted by law, the Construction Manager CONTRACTOR shall indemnify and hold harmless the Owner CITY and their agents and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from the its performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Construction ManagerCONTRACTOR, any Subcontractorsubcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is such acts are caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article; however, nor shall this indemnification does not include the Construction Manager be responsible to indemnify sole acts of negligence, damage or losses caused by the Owner for Owner's negligenceCITY and its other contractors. b. B. In any and all claims against the Owner CITY or any of their its agents or employees by any employee of the Construction ManagerCONTRACTOR, any Subcontractorsubcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this section Paragraph 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 Construction Manager CONTRACTOR or any Subcontractor subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. c. C. The obligations CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the Construction Manager under this section 13.2(9) shall not extend to CITY for the liability of Architect/Engineerindemnification provided herein. Term Agreement RFB 23-085 Sanitary Sewer Manhole, his agents or employeesVault, arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instruction by Architect/Engineer, his agents or employees providing such giving or failure to give is the primary cause of the injury or damage.and Lift Station Rehabilitation

Appears in 1 contract

Samples: Sanitary Sewer Rehabilitation Agreement

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