Common use of Indemnities and Insurance Clause in Contracts

Indemnities and Insurance. 7.9.1. The Private Siding Operator hereby indemnifies and holds the Concessionaire, TFR and the Train O&M Provider harmless against all actions, claims, injuries, loss or damage of whatsoever nature and howsoever arising which may be suffered by the Concessionaire, TFR or the Train O&M Provider or any third party and which arise from the existence or use or Rail Operations by the Concessionaire, TFR or the Train O&M Provider to and from the Private Siding and shall, without limitation, include any collision or Occurrence which may occur at any place where the Private Siding crosses a public street or road, provided that this indemnity shall not apply in any case where the event that gives rise to any such action, claim, injury, loss or damage is attributable to the negligence or wilful misconduct of the Concessionaire, TFR or the Train O&M Provider or its officials or employees.