Indemnity and Insurance. 15.1 Without prejudice to any rights or remedies of the Purchaser the Supplier shall indemnify the Purchaser and the Crown against all actions, suits, claims, demands, losses, charges, costs and expenses which the Purchaser or the Crown may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any negligent or wrongful act or omission of the Supplier.
15.2 The Purchaser shall indemnify the Supplier in respect of all claims, proceedings, actions, damages, fines, costs, expenses or other liabilities which may arise out of, or in consequence of, a breach of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier-
(a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract;
(b) fails to comply with any other obligation under the Contract.
15.3 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown.
15.4 The Supplier shall have in force and shall require any sub-Contractor to have in force:
(a) employer’s liability insurance in accordance with any legal requirements for the time being in force, and
(b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing.
15.5 The policy or policies of insurance referred to in Condition 15.4 shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence of payment of premiums, including the latest premium due thereun...
Indemnity and Insurance. 24.1 The Contractor shall indemnify the Authority against all claims, damages and any other liabilities which may arise as a result, directly of the performance or purported performance of this Contract, the aggregate liability not to exceed [£5.000.000], except to the extent that any injury, loss or damage is caused by the negligence, wilful misconduct or breach of the Contract by Authority Personnel
24.2 The Contractor shall effect and maintain with a reputable insurance company a policy or policies of insurance for the duration of the Contract Period, [and, in relation to Professional Indemnity insurance, for a minimum of six (6) years following the termination of the Contract,] including but not limited to [Professional Indemnity,] Public Liability and Employer’s Liability insurance, in such sums as will enable the Contractor to comply with its obligations under the Contract, including the indemnity in the previous paragraph and as may be described in the Specification Schedule. The Contractor shall provide written evidence of such insurance as and when required by the Authority.
Indemnity and Insurance. 34.1 Neither Party excludes or limits liability to the other Party for:
34.1.1 death or personal injury caused by its negligence; or
34.1.2 Fraud; or
34.1.3 fraudulent misrepresentation; or
34.1.4 any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 or section 12 of the Sale of Goods Act 1979.
34.2 Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor.
34.3 The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract.
34.4 Subject always to clause 34.1,the aggregate liability of either Party for Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000].
34.5 Subject always to clause 34.1 in no event shall either Party be liable to the other for:
34.5.1 loss of profits, business, revenue, goodwill; and/or
34.5.2 loss of savings (whether anticipated or otherwise); and/or
Indemnity and Insurance. The Contract Holder shall indemnify and hold harmless each of the City and its elected officials, officers, employees, and agents from and against any and all claims, actions, demands, damages, losses, liabilities, and expenses arising out of or as a result of: (a) any breach, violation or non-performance of the terms and conditions on the part of the Permit Holder set out in this Permit; (b) any damage to City property occasioned by the use of the Facility by the Contract Holder or its employees, volunteers, members, coaches, participants, guests, and invitees; (c) any injury to, illness of or death of any person or any damage to property or other losses arising from or resulting from the use of the Facility by the Contract Holder or its employees, volunteers, members, coaches, participants, guests, and invitees; (d) any act or omission (including theft, malfeasance or negligence) on the part of the Contract Holder or its employees, volunteers, members, coaches, participants, guests, and invitees; or (e) any breach of any intellectual property rights arising from or resulting from the use of the Facility.
Indemnity and Insurance. For other than professional services rendered, to the fullest extent permitted by law, Consultant agrees to defend, indemnify, and hold the City harmless against claims, demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the City by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Consultant or Consultant’s agents or employees.
Indemnity and Insurance. Tenant shall indemnify Landlord for, defend Landlord against, and save Landlord harmless from any liability, loss, cost, injury, damage, or other expense that may occur or be claimed by or with respect to any person or property on or about the Premises resulting form the use, misuse, occupancy, possession, or unoccupancy of the Premises by Tenant, its agents, employees, licensees, invitees or guests. Except where any loss, cost, injury or damage is the result of Landlord's sole fault or negligence, Landlord shall not have any liability for any loss, cost, injury or damage to the Premises, to Tenant or Tenant's employees, agents, licensees, invitees or guests or to any property of such persons. Except as set forth in the Section 8, Landlord shall not be responsible or liable for loss or damage to the contents of any improvements on the Premises, regardless of who owns the contents and regardless of how or by whom the loss or damage is caused. At its sole cost and expense, Tenant shall obtain and thereafter maintain in full force and effect, at all times during the lease term and any extension thereof, the following insurance with respect to the Premises:
(a) comprehensive public liability insurance having limits of not less than $500,000 for bodily injury or death to one person, $500,00 for bodily injuries or death arising out of one occurrence, and $200,000 for property damage;
(b) fire and extended coverage insurance in an amount equal to at least 85 percent of the current replacement value of the Premises, which replacement value shall be redetermined by Landlord at the beginning of each year of the lease term and any extension thereof. Landlord shall, upon each such redetermination, give written notice to Tenant of such redetermined replacement value. If Tenant fails to object to such redetermined replacement value within 21 days after its receipt of written notice thereof, such value shall be deemed acceptable to Tenant. If Tenant does object to such redetermined replacement value, the replacement value of the Premises shall then be determined by an appraisal by a firm or person selected by Landlord and approved by Tenant. Such firm or person's determination of the replacement value of the Premises shall be conclusive and binding upon Landlord and Tenant. The cost of any such appraisal shall be borne equally by Landlord and Tenant. If the replacement value of the Premises determined by such an appraisal is higher than the then existing limits of fire a...
Indemnity and Insurance. Indemnification: The Contractor agrees to indemnify and hold harmless the County and any of their officers, agents and employees, from any claims of third parties arising out or any act or omission of the Contractor in connection with the performance of this contract.
Indemnity and Insurance. The Contractor agrees to assume liability for and indemnify, hold harmless, and defend the City, its commissioners, mayor, officers, employees, agents, and attorneys of, from, and against all liability and expense, including reasonable attorney’s fees, in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, equitable relief, or loss of use, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor, its agents, officers, Contractors, subcontractors, employees, or anyone else utilized by the Contractor in the performance of this Contract. The Contractor’s liability hereunder shall include all attorney’s fees and costs incurred by the City in the enforcement of this indemnification provision. This includes claims made by the employees of the Contractor against the City and the Contractor hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. The obligations contained in this provision shall survive termination of this Contract and shall not be limited by the amount of any insurance required to be obtained or maintained under this Contract. Subject to the limitations set forth in this Section, Contractor shall assume control of the defense of any claim asserted by a third party against the City and, in connection with such defense, shall appoint lead counsel, in each case at the Contractor’s expense. The City shall have the right, at its option, to participate in the defense of any third party claim, without relieving Contractor of any of its obligations hereunder. If the Contractor assumes control of the defense of any third party claim in accordance with this paragraph, the Contractor shall obtain the prior written consent of the City before entering into any settlement of such claim. Notwithstanding anything to the contrary in this Section, the Contractor shall not assume or maintain control of the defense of any third party claim, but shall pay the fees of counsel retained by the City and all expenses, including experts’ fees, if (i) an adverse determination with respect to the third party claim would, in the good faith judgment of the City, be detrimental in any material respect to the City’s reputation; (ii) the third party claim seeks an injunction or equitable relief against the City; or (iii) the Contractor has failed or is failing to prose...
Indemnity and Insurance. 11.01 You must indemnify and save harmless the Province and its employees and agents from any loss, claim (including any claim of infringement of third-party intellectual property rights), damage award, action, cause of action, cost or expense that the Province or any of its employees or agents may sustain, incur, suffer or be put to at any time, either before or after this Agreement ends, (each a “Loss”) to the extent the Loss is directly or indirectly caused or contributed to by:
(a) any act or omission by you or by any of your agents, employees, officers, directors or Subcontractors in connection with this Agreement; or
(b) any representation or warranty by you being or becoming untrue or incorrect.
11.02 You must comply with the insurance requirements in Schedule D, if attached, as those terms may be modified from time to time in accordance with our directions.
11.03 Without limiting the generality of Section 4.08, you must comply with, and must ensure that any Subcontractors comply with, all applicable occupational health and safety laws in relation to the performance of your obligations under this Agreement, including the Workers Compensation Act in British Columbia or similar laws in other jurisdictions.
11.04 At your own expense, and where required under Workers Compensation Act in British Columbia, you must obtain WorkSafe BC coverage for yourself, all workers and any shareholders, directors, partners or other individuals employed or engaged in the performance of the Services and you shall ensure all approved Subcontractors obtain WorkSafe BC Coverage.
11.05 If you are an individual or a partnership of individuals and do not have the benefit of mandatory workers compensation coverage under the Workers Compensation Act in British Columbia, you must apply for and maintain Personal Optional Protection under the Workers Compensation Act.
11.06 You are responsible for all fines, levies, penalties and assessments made or imposed under the Workers Compensation Act and regulations relating in any way to the Services.
11.07 You may be considered the “"Prime Contractor" for the Services, as described in the attached Safety Conditions Schedule, and as such shall enter into a Prime Contractor Agreement and carry out the duties as described therein;
11.08 Upon our request you must provide us with evidence of your compliance with Sections 11.02, 11.04 and 11.05.
Indemnity and Insurance. 10.1 The Contractor shall indemnify the Authority, the Crown, its employees, agents and contractors, on demand from and against all liability for:
(a) death or personal injury;
(b) loss of or damage to property (including property belonging to the Crown or the Authority, or for which it is responsible “Authority Property”);
(c) breach of statutory duty; and
(d) actions, claims, demands, costs, charges and expenses (including legal expenses on an indemnity basis)
10.2 The indemnity contained in Condition 10.1 shall not apply to the extent that:
(a) any loss, damage injury, cost and expense is caused by the negligent or wilful act or omission of the Authority, its employees, agents or contractors, or by the breach by the Authority of their obligations under the Agreement; or
(b) the Contractor is able to demonstrate that the loss, damage or injury arose as a direct result of the Contractor acting on the instructions of the Authority.
10.3 The Contractor shall, with effect from the Date for Commencement for such period as necessary to enable the Contractor to comply with his obligations under Condition 10.1, take out and maintain (and shall require any sub contractor to take out and maintain) insurance with a reputable insurance company, including (but not limited) to employer‟s liability, public liability and professional indemnity insurance, to the sum of not less than £5,000,000 for any one incident and unlimited in total.
10.4 The policy or policies of insurance referred to in paragraph 10.3 shall be shown to the Authority‟s Representative whenever he requests, together with satisfactory evidence of payment of premiums.
10.5 No party to the Agreement shall take any action or fail to take any reasonable action, or (to the extent that it is reasonably within its power) permit anything to occur in relation to it, which would entitle any insurer to refuse to pay any claim under any insurance policy in which that party is an insured, a co-insured or additional insured person.
10.6 The Authority may, at its sole discretion, waive the requirement for insurance, in whole or part (other than that required by law), where the Contractor is able to provide a suitable guarantee that the Contractor can meet any liabilities for which indemnities are provided under Condition 10.1.
