Common use of Indemnities and Liabilities Clause in Contracts

Indemnities and Liabilities. 11.1 The Financing Partner releases and indemnifies MYISCO, its’ employees, servants and agents against all actions, claims, and demands (including the cost of defending or settling any action, claim, or demand) which may be instituted against MYISCO arising out of the negligence or wilful misconduct of the Financing Partner, its’ agents, employees, or any sub-contractor or any other person for whose negligence the Financing Partner is vicariously liable and also against any action, claim, or demand by the Financing Partner’s servants, employees or agents, or their personal representative or dependents arising out of the performance of this Agreement. 11.2 The Financing Partner indemnifies MYISCO against all costs and liability arising out of the presence of the Financing Partner’s representatives on MXXXXX’s premises and against all liability for the injury or death whilst carrying out their duties pursuant to this Agreement and in respect of all loss or damages to their personal effects. 11.3 The Financing Partner shall fully indemnify, save and hold harmless, and defend, at its own expense, MYISCO, its officials, agents, servants and employees from and against all suits, claims, demands, litigation and liability of any nature or kind, including the costs, expenses, and legal fees, arising out of negligence, wilful misconduct, acts or omissions of the Financing Partner, or the Financing Partner’s employees, officers, agents or sub- contractors, under statue or common law, in the performance of this Agreement. 11.4 The Financing Partner shall fully indemnify, save and hold harmless, and defend, at its own expense, MYISCO, its officials, agents, servants and employees from and against any risks associated with the Personal Financings provided by MYISCO to the Customers which include but are not limited to the non-performing loan payment by the Customer, bad debt, among others. 11.5 This provision shall extend inter-alia to claims and liabilities in the nature of workmen’s compensation, product liability, and liability arising out of the infringement or alleged infringement of any patented inventions or devices, copyright material or other intellectual property and / or breach of confidentiality obligations as stipulated under Clause 11 of this Agreement by the Financing Partner, its employees, officers, agents, servants, or sub-contractors. The obligations under this Clause shall survive the termination or expiration of this Agreement. 11.6 Neither party is liable to the other for any consequential, incidental, indirect, punitive or special damages, including commercial loss and lost profits, however caused which indirectly arises under this Agreement. Notwithstanding the foregoing, this limitation shall not apply to the Financial Partner’s liability set out in Clause 11 herein.

Indemnities and Liabilities. 11.1 The Financing Partner releases 8.1. To the fullest extent permitted by law, Contractor shall indemnify and indemnifies MYISCOhold harmless Owner, its’ and Owner’s officers, directors, shareholders, partners, joint ventures, employees, servants agents, affiliates, successors and agents assigns from and against all actions, claims, damages, liabilities, losses, fines and demands (penalties, and expenses, including the cost of defending or settling any actionbut not limited to attorneys' fees, claim, or demand) which may be instituted against MYISCO arising out of the negligence or wilful misconduct resulting from Contractor’s performance of the Financing Partnerservices in connection with this Contract, its’ agentsprovided that any such claim, employeesdamage, loss, liability, fine, penalty, or expense: (1) is attributable to bodily injury, personal injury, sickness, disease, or death, or to injury to or destruction of tangible property, including loss of use resulting there from, but only to the extent caused in whole or in part by negligent or deliberate acts or omissions of Contractor, Contractor's subcontractors, sub-subcontractors, 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; and (2) breach by Contractor of its obligations, representations or warranties under the Contract Documents. Such obligations shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to a party or person described in this Article VIII in addition to all rights and remedies available at law or in equity. 8.2. In any and all claims against Owner or any of Owner’s agents or employees by any employee of Contractor, any subcontractor, any sub-subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the Contractor's indemnification obligation under Article VIII shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor, any subcontractor, or any sub-contractor subcontractor, under worker's or workmen's compensation acts, disability benefit acts, or other employee benefit acts. 8.3. Contractor shall be notified as soon as reasonably practicable after any other person for whose negligence the Financing Partner claim covered by this Article is vicariously liable and also made against any actionentity to be indemnified there under and shall be given such reasonable information, claim, or demand authority and assistance as may be requested by the Financing Partner’s servants, employees or agents, or their personal representative or dependents arising out of the performance of this Agreementit to enable it to perform its undertakings. 11.2 The Financing Partner indemnifies MYISCO against all costs and liability arising out of the presence of the Financing Partner’s representatives on MXXXXX’s premises and against all liability 8.4. Contractor is liable to Owner for the injury losses to Owner's property sustained through any fraudulent or death whilst carrying out their duties pursuant to this Agreement and dishonest act or acts committed by Contractor's employees and/or subcontractors acting alone or in respect of all loss or damages to their personal effects. 11.3 The Financing Partner shall fully indemnifycollusion. Such acts include, save and hold harmless, and defend, at its own expense, MYISCO, its officials, agents, servants and employees from and against all suits, claims, demands, litigation and liability of any nature or kind, including the costs, expenses, and legal fees, arising out of negligence, wilful misconduct, acts or omissions of the Financing Partner, or the Financing Partner’s employees, officers, agents or sub- contractors, under statue or common law, in the performance of this Agreement. 11.4 The Financing Partner shall fully indemnify, save and hold harmless, and defend, at its own expense, MYISCO, its officials, agents, servants and employees from and against any risks associated with the Personal Financings provided by MYISCO to the Customers which include but are not limited to the non-performing loan payment by the Customerto, bad debtactual destruction, among othersdisappearance, or wrongful abstraction of property, money, or securities. 11.5 8.5. This provision Article shall extend inter-alia not be so construed as to claims and liabilities affect any waiver of subrogation rights on the part of any insurance company, as provided in the nature any policy of workmen’s compensation, product liability, and liability arising out insurance covering Owner. 8.6. It is also understood by Contractor that he is not entitled to any of the infringement exemptions or alleged infringement of any patented inventions or devices, copyright material or other intellectual property and / or breach of confidentiality obligations immunities which Owner may enjoy in its character as stipulated under Clause 11 of this Agreement by the Financing Partner, its employees, officers, agents, servants, or sub-contractors. The obligations under this Clause shall survive the termination or expiration of this Agreementa public international organization. 11.6 Neither party is liable to the other for any consequential, incidental, indirect, punitive or special damages, including commercial loss and lost profits, however caused which indirectly arises under this Agreement. Notwithstanding the foregoing, this limitation shall not apply to the Financial Partner’s liability set out in Clause 11 herein.

Indemnities and Liabilities. 11.1 The Financing Partner releases 8.1. To the fullest extent permitted by law, Contractor shall indemnify and indemnifies MYISCO, its’ employees, servants and agents against all actions, claimshold harmless Owner, and demands (including the cost of defending or settling any actionOwner’s officers, claimdirectors, or demand) which may be instituted against MYISCO arising out of the negligence or wilful misconduct of the Financing Partnershareholders, its’ agentspartners, joint ventures, employees, or any sub-contractor or any other person for whose negligence the Financing Partner is vicariously liable and also against any action, claim, or demand by the Financing Partner’s servants, employees or agents, or their personal representative or dependents arising out of the performance of this Agreement. 11.2 The Financing Partner indemnifies MYISCO against all costs affiliates, successors and liability arising out of the presence of the Financing Partner’s representatives on MXXXXX’s premises and against all liability for the injury or death whilst carrying out their duties pursuant to this Agreement and in respect of all loss or damages to their personal effects. 11.3 The Financing Partner shall fully indemnify, save and hold harmless, and defend, at its own expense, MYISCO, its officials, agents, servants and employees assigns from and against all suits, claims, demandsdamages, litigation liabilities, losses, fines and liability of any nature or kindpenalties, and expenses, including the costs, expenses, and legal but not limited to attorneys' fees, arising out of negligenceor resulting from Contractor’s performance of the services in connection with this Contract, wilful misconductprovided that any such claim, damage, loss, liability, fine, penalty, or expense: (1) is attributable to bodily injury, personal injury, sickness, disease, or death, or to injury to or destruction of tangible property, including loss of use resulting there from, but only to the extent caused in whole or in part by negligent or deliberate acts or omissions of Contractor, Contractor's subcontractors, sub‑subcontractors, 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; and (2) breach by Contractor of its obligations, representations or warranties under the Financing PartnerContract Documents. Such obligations shall not be construed to negate, abridge, or the Financing Partnerotherwise reduce any other right or obligation of indemnity which would otherwise exist as to a party or person described in this Article VIII in addition to all rights and remedies available at law or in equity. 8.2. In any and all claims against Owner or any of Owner’s employees, officers, agents or sub- contractorsemployees by any employee of Contractor, any subcontractor, any sub‑subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the Contractor's indemnification obligation under Article VIII shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor, any subcontractor, or any sub‑subcontractor, under statue worker's or common lawworkmen's compensation acts, in the performance of this Agreementdisability benefit acts, or other employee benefit acts. 11.4 The Financing Partner 8.3. Contractor shall fully indemnify, save and hold harmless, and defend, at its own expense, MYISCO, its officials, agents, servants and employees from and be notified as soon as reasonably practicable after any claim covered by this Article is made against any risks associated with the Personal Financings provided entity to be indemnified there under and shall be given such reasonable information, authority and assistance as may be requested by MYISCO it to the Customers which include enable it to perform its undertakings. 8.4. Contractor is liable to Owner for losses to Owner's property sustained through any fraudulent or dishonest act or acts committed by Contractor's employees and/or subcontractors acting alone or in collusion. Such acts include, but are not limited to the non-performing loan payment by the Customerto, bad debtactual destruction, among othersdisappearance, or wrongful abstraction of property, money, or securities. 11.5 8.5. This provision Article shall extend inter-alia not be so construed as to claims and liabilities affect any waiver of subrogation rights on the part of any insurance company, as provided in the nature any policy of workmen’s compensation, product liability, and liability arising out insurance covering Owner. 8.6. It is also understood by Contractor that he is not entitled to any of the infringement exemptions or alleged infringement of any patented inventions or devices, copyright material or other intellectual property and / or breach of confidentiality obligations immunities which Owner may enjoy in its character as stipulated under Clause 11 of this Agreement by the Financing Partner, its employees, officers, agents, servants, or sub-contractors. The obligations under this Clause shall survive the termination or expiration of this Agreementa public international organization. 11.6 Neither party is liable to the other for any consequential, incidental, indirect, punitive or special damages, including commercial loss and lost profits, however caused which indirectly arises under this Agreement. Notwithstanding the foregoing, this limitation shall not apply to the Financial Partner’s liability set out in Clause 11 herein.

Indemnities and Liabilities. 11.1 The Financing Partner releases and indemnifies MYISCO, its’ employees, servants and agents against all actions, claims, and demands (including the cost of defending or settling any action, claim, or demand) which may be instituted against MYISCO arising out of the negligence or wilful willful misconduct of the Financing Partner, its’ agents, employees, or any sub-contractor or any other person for whose negligence the Financing Partner is vicariously liable and also against any action, claim, or demand by the Financing Partner’s servants, employees or agents, or their personal representative or dependents arising out of the performance of this Agreement. 11.2 The Financing Partner indemnifies MYISCO against all costs and liability arising out of the presence of the Financing Partner’s representatives on MXXXXX’s premises and against all liability for the injury or death whilst carrying out their duties pursuant to this Agreement and in respect of all loss or damages to their personal effects. 11.3 The Financing Partner shall fully indemnify, save and hold harmless, and defend, at its own expense, MYISCO, its officials, agents, servants and employees from and against all suits, claims, demands, litigation and liability of any nature or kind, including the costs, expenses, and legal fees, arising out of negligence, wilful willful misconduct, acts or omissions of the Financing Partner, or the Financing Partner’s employees, officers, agents or sub- contractors, under statue or common law, in the performance of this Agreement. 11.4 The Financing Partner shall fully indemnify, save and hold harmless, and defend, at its own expense, MYISCO, its officials, agents, servants and employees from and against any risks associated with the Personal Financings provided by MYISCO to the Customers which include but are not limited to the non-performing loan payment by the Customer, bad debt, among others. 11.5 This provision shall extend inter-alia to claims and liabilities in the nature of workmen’s compensation, product liability, and liability arising out of the infringement or alleged infringement of any patented inventions or devices, copyright material or other intellectual property and / or breach of confidentiality obligations as stipulated under Clause 11 of this Agreement by the Financing Partner, its employees, officers, agents, servants, or sub-contractors. The obligations under this Clause shall survive the termination or expiration of this Agreement. 11.6 Neither party is liable to the other for any consequential, incidental, indirect, punitive or special damages, including commercial loss and lost profits, however caused which indirectly arises under this Agreement. Notwithstanding the foregoing, this limitation shall not apply to the Financial Partner’s liability set out in Clause 11 herein.

Indemnities and Liabilities. 11.1 The Financing Partner releases 10.1 Each Party (“the Indemnifying Party”) shall indemnify the other Parties and indemnifies MYISCOkeep the other Parties indemnified against any damages, its’ employeescosts, servants and agents against all actionsliabilities, claimslosses, and demands (claims or proceedings whatsoever arising in respect of: 10.1.1 any damage to property real or personal; 10.1.2 any personal injury including the cost injury resulting in death; 10.1.3 any fraudulent or dishonest act of defending or settling any action, claim, or demand) which may be instituted against MYISCO arising out of the negligence or wilful misconduct of the Financing Partner, its’ agentsIndemnifying Party’s officers, employees, or any sub-contractor or any other person for whose negligence the Financing Partner is vicariously liable and also against any action, claim, or demand by the Financing Partner’s servants, employees contractors or agents, ; 10.1.4 any breach of statutory or their personal representative or dependents arising out of the performance of this Agreement. 11.2 The Financing Partner indemnifies MYISCO against all costs and liability arising out of the presence of the Financing Partner’s representatives on MXXXXX’s premises and against all liability for the injury or death whilst carrying out their duties pursuant to this Agreement and in respect of all loss or damages to their personal effects. 11.3 The Financing Partner shall fully indemnify, save and hold harmless, and defend, at its own expense, MYISCO, its officials, agents, servants and employees from and against all suits, claims, demands, litigation and liability of any nature or kind, including the costs, expenses, and legal feescommon law duty, arising out of or in connection with this Agreement; 10.1.5 any breach of this Agreement; 10.1.6 any breach of the terms of the Framework Agreement, to the extent such damages, costs, liabilities, losses, claims or proceedings are due directly to the negligence, wilful misconduct, acts default or omissions fraud of the Financing PartnerIndemnifying Party or of the Indemnifying Party’s officers, employees, sub-contractors or agents (excluding the other Party). 10.2 Each Partner Authority and the ICB shall indemnify CBC and keep CBC indemnified against any and all damages, costs, losses, claims, actions, proceedings and other liabilities whatsoever incurred by CBC as a result of: 10.2.1 a breach by the Partner Authority or by the ICB of this Agreement or of any of the Partner Authority’s Call-Off Contracts; or 10.2.2 the Partner Authority’s use of the Framework Agreement including any claims that the Partner Authority has not complied with the Public Contracts Regulations 2015, save where such damages, costs, losses, claims, actions, proceedings or other liabilities are brought against or suffered by CBC due to the negligence or default of CBC or of its officers, employees, sub-contractors, or agents (excluding the Financing Partner’s employeesPartner Authority). 10.3 Where CBC has complied with the provisions of clause 5.1.1 (compliance with applicable Laws including the Public Contracts Regulation 2015 in its conduct of the procurement process to appoint the Provider) should there be a legal procurement challenge, officersthe costs associated with such challenge will be borne equally by the Parties CBC shall take all steps to mitigate such risks. 10.4 Except as otherwise provided in this Agreement, agents the Parties shall each bear their own costs and expenses incurred in complying with their respective obligations under this Agreement, the Framework Agreement and any Call- Off Contracts. 10.5 Each Partner Authority shall be responsible for any and all liabilities, charges and costs incurred by it under their own Call-Off Contracts with the Provider. 10.6 Each Party shall, at all times, take all reasonable steps to minimise and mitigate any loss or sub- contractors, damage for which the relevant Party is entitled to bring a claim against the other Party under statue or common law, in the performance of this Agreement. 11.4 The Financing Partner shall fully indemnify, save and hold harmless, and defend, at its own expense, MYISCO, its officials, agents, servants and employees from and against any risks associated with the Personal Financings provided by MYISCO to the Customers which include but are not limited to the non-performing loan payment by the Customer, bad debt, among others. 11.5 This provision shall extend inter-alia to claims and liabilities in the nature of workmen’s compensation, product liability, and liability arising out of the infringement or alleged infringement of any patented inventions or devices, copyright material or other intellectual property and / or breach of confidentiality obligations as stipulated under Clause 11 of this Agreement by the Financing Partner, its employees, officers, agents, servants, or sub-contractors. The obligations under this Clause shall survive the termination or expiration of this Agreement. 11.6 Neither party is liable to the other for any consequential, incidental, indirect, punitive or special damages, including commercial loss and lost profits, however caused which indirectly arises under this Agreement. Notwithstanding the foregoing, this limitation shall not apply to the Financial Partner’s liability set out in Clause 11 herein.