Common use of Indemnities and Insurance Clause in Contracts

Indemnities and Insurance. 6.1 Contractor and Plan Holder agree that: a. Contractor agrees to protect, defend, indemnify and hold harmless Plan Holder , its subsidiaries and affiliates, each of their officers, directors, agents and employees, each of Plan Holder ’s subcontractors and their employees, each of their vessels employed in connection with or as the object of the services being carried out under this Agreement, and each of their respective insurers (hereinafter referred to as the “Plan Holder Indemnitees”) from and against all claims, demands, causes of action of any kind and character, any special, punitive, indirect, exemplary, or consequential damages or losses (including but not limited to loss of use, loss of profit, loss of business or business interruption) and without regard to the cause or causes thereof or the negligence or fault of Plan Holder made, brought by or on behalf of any Contractor Indemnitee (as hereinafter defined), arising out of this Agreement on account of personal injury, illness, death, and/or loss of or damage to property. b. Plan Holder agrees to protect, defend, indemnify and hold harmless Contractor, its parents, subsidiaries and affiliates, each of their officers, directors, agents and employees, each of Contractor’s subcontractors and their employees, each of their vessels employed in connection with the services being carried out under this Agreement, and each of their respective insurers (hereinafter referred to as the “Contractor Indemnitees”) from and against all claims, demands, causes of action of any kind and character, any special, punitive, indirect, exemplary, or consequential damages or losses (including but not limited to loss of use, loss of profit, loss of business or business interruption) and without regard to the cause or causes thereof or the negligence or fault of Contractor or its subcontractors made, brought by or on behalf of any Plan Holder Indemnitee, arising out of this Agreement on account of personal injury, illness, death, and/or loss of or damage to property. c. In the event that bodily injury, death or property loss or damage is sustained by a person or entity not referred to above, then the rights and obligations between the parties to this Agreement shall be determined at law, except as otherwise provided in this Agreement. d. Plan Holder agrees to defend, hold harmless and indemnify the Contractor Indemnitees from and against any and all claims and causes of action that may be brought or come about, directly or indirectly, from any cargo spill or discharge, oil spill or discharge, gas spill or discharge, fuel oil spill or discharge, hazardous material spill or discharge, chemical spill or discharge, solid material spill or discharge, or pollution of any type, from Plan Holder ’s vessels (hereinafter referred to as “Plan Holder ’s pollution”), including, but not limited to, cleanup costs, third-party damages, or any other damages of any type that may be caused by said Plan Holder ’s pollution, regardless of any sole or contributing fault or negligence of the Contractor Indemnitees or any of them or the unseaworthiness of any vessel. e. Contractor agrees to defend, hold harmless and indemnify the Plan Holder Indemnitees from and against any and all claims and causes of action that may be brought or come about, directly or indirectly, from any cargo spill or discharge, oil spill or discharge, gas spill or discharge, fuel oil spill or discharge, hazardous material spill or discharge, chemical spill or discharge, solid material spill or discharge, or pollution of any type, from Contractor’s vessels (hereinafter referred to as “Contractor’s pollution”) which are used in carrying out services under this Agreement, including, but not limited to, cleanup costs, third-party damages, or any other damages of any type that may be caused by said Contractor’s pollution, regardless of any sole or contributing fault or negligence of the Plan Holder Indemnitees or any of them or the unseaworthiness of any vessel. f. Plan Holder agrees to release, defend, hold harmless and indemnify the Contractor Indemnitees from and against all claims and causes of action that may be brought or come about, directly or indirectly, from any pollution from pipelines or equipment in the vicinity of Plan Holder ’s vessels, including cargo spill or discharge, oil spill or discharge, gas spill or discharge, fuel oil spill or discharge, hazardous material spill or discharge, chemical spill or discharge, solid material spill or discharge, or pollution of any type, except to the extent such claims and causes of action arise from Contractor’s negligence or fault. g. Contractor agrees to release, defend, hold harmless and indemnify the Plan Holder Indemnitees from and against all claims and causes of action that may be brought or come about, directly or indirectly, from any pollution from pipelines or equipment in the vicinity of Plan Holder ’s vessels, including cargo spill or discharge, oil spill or discharge, gas spill or discharge, fuel oil spill or discharge, hazardous material spill or discharge, chemical spill or discharge, solid material spill or discharge, or pollution of any type, but only to the extent such claims and causes of action arise from Contractor’s negligence or fault. h. Plan Holder agrees to release, defend, hold harmless and indemnify the Contractor Indemnitees from and against all claims, causes of action, fines and penalties that may be brought or come about, directly or indirectly, from (1) removal of silt, sand and/or mud from in and around any of Plan Holder ’s vessels, or (2) any other natural resource or environmental damage of any type or description, including but not limited to reef damage, that may arise from services provided by Contractor and/or its subcontractors hereunder, except to the extent such claims, causes of action, fines and penalties arise from Contractor’s negligence or fault. i. Contractor agrees to release, defend, hold harmless and indemnify the Plan Holder Indemnitees from and against all claims, causes of action, fines and penalties that may be brought or come about, directly or indirectly, from (1) removal of silt, sand and/or mud from in and around any of Plan Holder ’s vessels, or (2) any other natural resource or environmental damage of any type or description, including but not limited to reef damage, that may arise from services provided by Contractor and/or its subcontractors hereunder, but only to the extent such claims, causes of action, fines and penalties arise from Contractor’s negligence or fault. j. Notwithstanding anything contained in this Agreement to the contrary, liability for special, punitive, indirect, exemplary, or consequential damages or losses (including but not limited to loss of use, loss of profit, loss of business or business interruption) shall be determined pursuant to applicable law.

Indemnities and Insurance. 6.1 Contractor and Plan Holder agree that: a. Contractor agrees to protect, defend, indemnify and hold harmless Plan Holder , its subsidiaries and affiliates, each of their officers, directors, agents and employees, each of Plan Holder ’s subcontractors and their employees, each of their vessels employed in connection with or as the object of the services being carried out under this Agreement, and each of their respective insurers (hereinafter referred to as the “Plan Holder Indemnitees”) from and against all claims, demands, causes of action of any kind and character, any special, punitive, indirect, exemplary, or consequential damages or losses (including but not limited to loss of use, loss of profit, loss of business or business interruption) and without regard to the cause or causes thereof or the negligence or fault of Plan Holder made, brought by or on behalf of any Contractor Indemnitee (as hereinafter defined), arising out of this Agreement on account of personal injury, illness, death, and/or loss of or damage to property. b. Plan Holder Xxxxxx agrees to protect, defend, indemnify and hold harmless Contractor, its parents, subsidiaries and affiliates, each of their officers, directors, agents and employees, each of Contractor’s subcontractors and their employees, each of their vessels employed in connection with the services being carried out under this Agreement, and each of their respective insurers (hereinafter referred to as the “Contractor Indemnitees”) from and against all claims, demands, causes of action of any kind and character, any special, punitive, indirect, exemplary, or consequential damages or losses (including but not limited to loss of use, loss of profit, loss of business or business interruption) and without regard to the cause or causes thereof or the negligence or fault of Contractor or its subcontractors made, brought by or on behalf of any Plan Holder Indemnitee, arising out of this Agreement on account of personal injury, illness, death, and/or loss of or damage to property. c. In the event that bodily injury, death or property loss or damage is sustained by a person or entity not referred to above, then the rights and obligations between the parties to this Agreement shall be determined at law, except as otherwise provided in this Agreement. d. Plan Holder agrees to defend, hold harmless and indemnify the Contractor Indemnitees from and against any and all claims and causes of action that may be brought or come about, directly or indirectly, from any cargo spill or discharge, oil spill or discharge, gas spill or discharge, fuel oil spill or discharge, hazardous material spill or discharge, chemical spill or discharge, solid material spill or discharge, or pollution of any type, from Plan Holder ’s vessels (hereinafter referred to as “Plan Holder ’s pollution”), including, but not limited to, cleanup costs, third-party damages, or any other damages of any type that may be caused by said Plan Holder ’s pollution, regardless of any sole or contributing fault or negligence of the Contractor Indemnitees or any of them or the unseaworthiness of any vessel. e. Contractor agrees to defend, hold harmless and indemnify the Plan Holder Indemnitees from and against any and all claims and causes of action that may be brought or come about, directly or indirectly, from any cargo spill or discharge, oil spill or discharge, gas spill or discharge, fuel oil spill or discharge, hazardous material spill or discharge, chemical spill or discharge, solid material spill or discharge, or pollution of any type, from Contractor’s vessels (hereinafter referred to as “Contractor’s pollution”) which are used in carrying out services under this Agreement, including, but not limited to, cleanup costs, third-party damages, or any other damages of any type that may be caused by said Contractor’s pollution, regardless of any sole or contributing fault or negligence of the Plan Holder Indemnitees or any of them or the unseaworthiness of any vessel. f. Plan Holder agrees to release, defend, hold harmless and indemnify the Contractor Indemnitees from and against all claims and causes of action that may be brought or come about, directly or indirectly, from any pollution from pipelines or equipment in the vicinity of Plan Holder ’s vessels, including cargo spill or discharge, oil spill or discharge, gas spill or discharge, fuel oil spill or discharge, hazardous material spill or discharge, chemical spill or discharge, solid material spill or discharge, or pollution of any type, except to the extent such claims and causes of action arise from Contractor’s negligence or fault. g. Contractor agrees to release, defend, hold harmless and indemnify the Plan Holder Indemnitees from and against all claims and causes of action that may be brought or come about, directly or indirectly, from any pollution from pipelines or equipment in the vicinity of Plan Holder ’s vessels, including cargo spill or discharge, oil spill or discharge, gas spill or discharge, fuel oil spill or discharge, hazardous material spill or discharge, chemical spill or discharge, solid material spill or discharge, or pollution of any type, but only to the extent such claims and causes of action arise from Contractor’s negligence or fault. h. Plan Holder agrees to release, defend, hold harmless and indemnify the Contractor Indemnitees from and against all claims, causes of action, fines and penalties that may be brought or come about, directly or indirectly, from (1) removal of silt, sand and/or mud from in and around any of Plan Holder ’s vessels, or (2) any other natural resource or environmental damage of any type or description, including but not limited to reef damage, that may arise from services provided by Contractor and/or its subcontractors hereunder, except to the extent such claims, causes of action, fines and penalties arise from Contractor’s negligence or fault. i. Contractor agrees to release, defend, hold harmless and indemnify the Plan Holder Indemnitees from and against all claims, causes of action, fines and penalties that may be brought or come about, directly or indirectly, from (1) removal of silt, sand and/or mud from in and around any of Plan Holder ’s vessels, or (2) any other natural resource or environmental damage of any type or description, including but not limited to reef damage, that may arise from services provided by Contractor and/or its subcontractors hereunder, but only to the extent such claims, causes of action, fines and penalties arise from Contractor’s negligence or fault. j. Notwithstanding anything contained in this Agreement to the contrary, liability for special, punitive, indirect, exemplary, or consequential damages or losses (including but not limited to loss of use, loss of profit, loss of business or business interruption) shall be determined pursuant to applicable law.