Indemnifications and Insurance. 5.1 Contractor agrees to defend and indemnify Municipality, with which it is contracting, against claims for bodily injury, death and property damage which arises in the course of Contractor's performance of the contract and with respect to which Municipality, with which it is contracting, shall be free from negligence on the part of itself, its employees and agents.
5.2 Contractor shall not be responsible for consequential or compensatory damages arising from the late performance or non-performance of the agreement caused by circumstances, which are beyond Contractor's reasonable control.
5.3 Contractor shall maintain public liability insurance, automobile liability insurance and workmen's compensation insurance unless Contractor is not required to do so by New Hampshire state law or as otherwise agreed upon.
5.3.1 The public liability insurance shall be in the form of commercial general liability with the inclusion of contractual liability coverage and shall provide limits of $1,000,000 each person and $1,000,000 each occurrence for bodily injury liability, and $1,000,000 each occurrence for property damage liability; and,
5.3.2 The automobile liability insurance shall be in the form of comprehensive automobile liability and shall provide limits of $1,000,000 each person and $1,000,000 each occurrence for bodily injury liability.
5.4 Prior to starting the cyclical revaluation, Contractor shall provide certificates of insurance by a State of NH licensed insurer confirming the required insurance coverage for Municipality with which the appraisal Contractor is contracting.
5.5 Contractor shall provide Municipality and the DRA a ten (10) day advance written notice of the cancellation or material change in the required insurance coverage.
Indemnifications and Insurance. 14.1 Zentaris shall defend, indemnify and hold AOI harmless against any Third Party claims, suits, actions, proceedings, losses, liabilities, damages, costs and expenses (collectively “Claims and Liabilities”) arising from, related to, or attributable to:
(i) an allegation that AOI’s use of Zentaris’ Patent Rights and/or Zentaris’ Know-How in accordance with the terms and conditions of this Agreement infringes any United States, Canadian or Mexican patent, copyright, trademark, data exclusivity right or trade secret right of any other person, firm, corporation or other entity;
(ii) any breach of any of Zentaris’ representations, warranties or covenants set forth in this Agreement; and
(iii) any other negligent, willful or intentionally wrongful act, error or omission on the part of Zentaris, or any officer, director, employee, agent or representative of Zentaris. Zentaris’ indemnification obligation under this Section 14.1 shall be subject to each of the following conditions: (i) AOI shall furnish Zentaris with written notice of any such Claims and Liabilities within thirty (30) days of the date on which AOI receives notice thereof; (ii) subject to Zentaris confirming in writing that the indemnity will apply to the relevant Claims and Liabilities, Zentaris shall be solely responsible for the investigation, defense, settlement and discharge of such Claims and Liabilities; and (iii) AOI shall at Zentaris’ cost furnish Zentaris with all assistance reasonably requested by Zentaris in connection with the investigation, defense, settlement and discharge of such Claims and Liabilities. AOI’s failure to comply with its obligations pursuant to this Section 14.1 shall not constitute a breach of this Agreement or relieve Zentaris of its indemnification obligations pursuant to this Section 14.1, except to the extent, if any, that Zentaris’ defense of the effective claim, action or proceeding actually was materially impaired thereby.
14.2 In the event that it is determined by any court of competent jurisdiction that AOI’s use of Zentaris’ Patent Rights and/or Zentaris’ Know-How in accordance with the terms and conditions of this Agreement infringes, or Zentaris reasonably determines that AOI’s use of Zentaris’ Patent Rights and/or Zentaris’ Know-How is likely to infringe, any United States, Canadian or Mexican patent, copyright, trademark, data exclusivity right or trade secret right of any other person, firm, corporation or other entity, Zentaris shall in consultation...
Indemnifications and Insurance. (a) To the extent of its comparative liability, each party agrees to indemnify, defend and hold the other party, its elected and appointed officials, employees, and agents, harmless from and against any and all claims (including, but not limited to, claims relating to false arrest or detention, alleged mistreatment, alleged violation of civil rights, injury), damages, losses and expenses, including but not limited to court costs, and attorney’s fees, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property which are alleged or proven to be caused by an act or omission, negligent or otherwise, of its elected and appointed officials, employees, and/or agents.
(b) A party shall not be required to indemnify, defend, or hold the other party harmless if the claim, damage, loss or expense for personal injury, for any bodily injury, sickness, disease or death or for any damage to or destruction of any property is caused by the sole act or omission of the other party. In the event of any concurrent act or omission of the parties, negligent or otherwise, these indemnity provisions shall be valid and enforceable only to the extent of each party’s comparative liability.
(c) The parties agree to maintain a consolidated defense to claims made against them and to reserve all indemnity claims against each other until after liability to the claimant and damages, if any, are adjudicated. If any claim is resolved by voluntary settlement, both parties must consent to the settlement. If a party does not express consent to a voluntary settlement then the non-consenting party shall not be bound by the settlement. In the event a dispute should arise between the parties, before filing an action in court, the parties agree to use a alternative dispute resolution ("ADR") process such as mediation, through an agreed upon mediator and process. All costs for mediation services would be divided equally between the parties. Each party would be responsible for the costs of its own legal representation incurred in conjunction with pre-litigation ADR.
(d) The indemnification obligations of the parties shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen’s compensation act, disability benefit act or other employee benefit act. Each party hereby expressly waives any immunity afforded by such acts if required, and to the extent required, by a ...
Indemnifications and Insurance. ASSOCIATION agrees to hold MANAGER harmless from all damage, suits, and all costs, fees, and expenses incurred therein, arising out of or in connection with the management of the Property and from liability for injuries suffered by any guest, invitee, or employee, except in cases of MANAGER'S gross negligence. ASSOCIATION further agrees that there shall be carried, at association's expense, public liability insurance adequate to protect MANAGER from any such liability. MANAGER agrees to hold ASSOCIATION harmless from all damage, suits, and all costs, fees, and expenses incurred therein, arising out of or in connection with the management of the Property or on property owned or leased by MANAGER, except in cases of ASSOCIATION’s or an Association member’s gross negligence. MANAGER further agrees that there shall be carried, at association's expense, public liability insurance adequate to protect ASSOCIATION from any such liability. ASSOCIATION hereby authorizes MANAGER to pay all Property and special assessments attributable to the Property as may be levied by government authorities and to place liability and other insurance coverage desired by ASSOCIATION in effect, if not already in effect, and MANAGER is hereby authorized to pay for same from association's funds. MANAGER shall handle all claims against insurance of ASSOCIATION, at the direction of the Board, and shall be entitled to additional compensation for such service as set forth in paragraph 3f.
Indemnifications and Insurance. Indemnification and insurance requirements will vary based on the nature of the RFP. Proposer is responsible for submitting appropriate indemnification and insurance coverage as applicable.
Indemnifications and Insurance. A. OWNER shall be responsible for procuring and maintaining at his own cost and expense, liability and contents insurance at all times during the term of this Agreement, and by execution of the Agreement acknowledges that he has consulted with an insurance agent to assure that his coverages are reasonable and adequate. Such liability insurance coverage on the rental property shall be no less than a minimum aggregate amount of $300,000 per occurrence for personal injury and bodily damage occurring at, in or on the rental property.
B. XxxxxXxxxxXxxxxx.xxx, LLC shall be named as an Additional Insured on any unit insurance policy, which XxxxxXxxxxXxxxxx.xxx is actively managing. The declaration shall be forwarded to XxxxxXxxxxXxxxxx.xxx, LLC.
C. OWNER agrees that XxxxxXxxxxXxxxxx.xxx shall not be liable for any claim for loss or injury to any person or personal property located on the premises covered under this Agreement. OWNER further agrees to release, defend, indemnify, and hold XxxxxXxxxxXxxxxx.xxx, LLC and its officers, owners, and agents (each an “Indemnitee”) harmless from any person or entity who brings a claim against XxxxxXxxxxXxxxxx.xxx for loss of property or injury, or upon any other grounds.
D. This Management Agreement shall be governed by and construed in accordance with the laws of the State of Florida and venue for any legal proceedings, litigation, arbitration, mediation or any other method of alternative dispute resolution related to or concerning the enforcement or interpretation of the terms of this Management Agreement shall be exclusively in Volusia County, Florida.
Indemnifications and Insurance. 9.1 Buyer shall indemnify, defend and hold harmless Seller. Seller’s affiliates, * * * as Administrative Agent and Lender under the Credit Agreement between itself and Seller and the other Lenders thereto, and each of their respective subsidiaries, shareholders, partners, officers, directors, and employees or agents together with their affiliates and each of its and their respective successors, assigns, owners, officers, employees, and affiliates (individually each an “Indemnitee” and collectively “Indemnitees”) in full on demand in respect of all losses, liabilities, claims, proceedings, penalties, judgments, damages, costs and expenses, including reasonable Engine Sale Agreement Engine Model CFM56-5B4 ESN * . SELLER * * The confidential portion has been omitted pursuant to a request for confidential treatment filed by Air T, Inc. with the Securities Exchange Commission and filed separately with the Commission. attorneys’ fees and expenses (collectively, “Losses”) suffered or incurred by any such party as a result of a third-party claim (regardless of when the same are suffered or incurred) arising out of or connected in any way with (a) the purchase, manufacture, ownership, possession, registration, performance, transportation, management, sale, control, inspection, use or operation, design, condition, testing, delivery, leasing, maintenance, repair, service, modification, overhaul, replacement or removal of the Engine, (b) any loss of or damage to the Engine, (c) any breach by Buyer of any of its representations, warranties or covenants in this Agreement, or (d) otherwise in connection with the Engine or relating to loss or destruction of or damage to any property, or death or injury to any person caused by, relating to or arising from or out of (in each case whether directly or indirectly) any of the foregoing matters; Notwithstanding the foregoing, the indemnities contained in this sub section shall not extend to Losses:
(i) to the extent that such Losses arise, or are based upon acts or omissions occurring, before Delivery;
(ii) to the extent that such Losses are caused by the willful misconduct or gross negligence of Seller or any of its employees, servants or agents;
(iii) to the extent that such Losses are the result of failure by Seller to comply with any of its express obligations under this Agreement (unless such failure is caused by failure by Buyer to comply with any of its express obligations under this Agreement) or any representation or wa...
Indemnifications and Insurance. 8.1 The Work performed by the Service Provider shall be at the risk of the Service Provider exclusively. To the fullest extent permitted by law, Service Provider shall indemnify, defend (at Service Provider’s sole expense) and hold harmless all Indemnified Parties (as described infra), from and against any and all claims for bodily injury or death, damage to property, demands, damages, actions, causes of action, suits, losses, judgments, obligations and any liabilities, costs and expenses (including but not limited to investigative and repair costs, attorney’s fees and costs, and consultants’ fees and costs) (“Claims”) which arise or are in any way connected with the Work performed, Materials furnished or Services provided under this Agreement by Service Provider or its agents.
Indemnifications and Insurance. A. OWNER shall be responsible for procuring and maintaining at his own cost and expense, liability and contents insurance at all times during the term of this Agreement, and by execution of the Agreement acknowledges that he has consulted with an insurance agent to assure that his coverage’s are reasonable and adequate. Such liability insurance coverage on the rental property shall be no less than a minimum aggregate amount of $300,000 per occurrence for personal injury and bodily damage occurring at, in or on the rental property. There is no refund if the OWNER fails to secure or produce a declaration page after XxxxxXxxxxXxxxxx.xxx has already secured a policy.
B. XxxxxXxxxxXxxxxx.xxx, LLC shall be named as an Additional Insured on any unit insurance policy, which XxxxxXxxxxXxxxxx.xxx is actively managing. The declaration shall be forwarded to XxxxxXxxxxXxxxxx.xxx, LLC.
C. OWNER agrees that XxxxxXxxxxXxxxxx.xxx shall not be liable for any claim for loss or injury to any person or personal property located on the premises covered under this Agreement. In the event that any person or entity brings a claim against XxxxxXxxxxXxxxxx.xxx for loss of property or injury, or upon any other grounds, OWNER shall indemnify and hold XxxxxXxxxxXxxxxx.xxx harmless.
Indemnifications and Insurance. 9.1 Contractor agrees to defend and indemnify Municipality, with which it is contracting, against claims for bodily injury, death and property damage which arises in the course of the
9.2 Contractor shall not be responsible for consequential or compensatory damages arising
9.3 Contractor shall maintain public liability insurance, automobile liability insurance and workmen's compensation insurance unless Contractor is not required to do so by New Hampshire state law or as otherwise agreed upon.
9.3.1 The public liability insurance shall be in the form of commercial general liability with the inclusion of contractual liability coverage as follows: Comprehensive General Liability: $1,000,000 each occurrence, $2,000,000 aggregate coverage; Automobile Liability: $1,000,000 combined single limit, $500,000 Bodily Injury/person Workers Compensation: NH Statutory Limits
9.4 Prior to starting the statistical update, Contractor shall provide certificates of insurance by a State of NH licensed insurer, naming the municipality as additional insured and confirming the required insurance coverage for the Municipality with which the appraisal Contractor is contracting.
9.5 Contractor shall provide Municipality and the DRA a ten (10) day advance written notice of the cancellation or material change in the required insurance coverage.
