Common use of Indemnity and Insurance Clause in Contracts

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.

Appears in 6 contracts

Samples: Consulting and General Services Contract, Consulting Agreement, Consulting and General Services Contract

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Indemnity and Insurance. 11.01 You must 6.1 The Licensee hereby undertakes to indemnify and save hold CMRL harmless against all costs, damages, liabilities, expenses arising out of any third party claims relating to non- completion of the Province Fit-out; quality of the Fit-out and the construction/ construction activities, any other agreement entered into between the Licensee and end user. 6.2 The Licensee hereby undertakes to indemnify CMRL against all losses and claims in respect of death or injury to any person or loss or damage to any property which may arise out of or in consequence of the execution and completion of works and remedying defects therein including operation of all facets of commercial activities and against all claims, proceedings, damages, costs charges and expenses whatsoever in respect thereof or in relation thereto. 6.3 The Licensee hereby undertakes that CMRL shall not be liable for or in respect of any damages or compensation payable to any xxxxxxx or other person in the employment of Licensee or any of his contractors/ sub-contractors. The Licensee shall indemnify and keep indemnified CMRL against all such damages and compensation; all claims proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto. 6.4 The licensee must strictly comply with all the provisions of The EPF Xxx 0000, The ESI Act, Minimum Wages Xxx 0000, Labour Laws & regulation in force including but not limited to the Contract Labour (Regulation & Abolition) Act-1976 including any subsequent amendment thereof and the rules made there under as per prevalent Government orders and ensure timely payment and compliance under these Acts. Failure to comply these acts shall attract penalty as per provisions. Licensee shall indemnify CMRL Administration for any loss and damages suffered due to violation of its provision. 6.5 The Licensee hereby indemnifies CMRL against any loss, damage or liabilities arising as a result of any act of omission or commission on part of Licensee or on part of its personnel or in respect of non-observance of any statutory requirements or legal dues of any nature. 6.6 The Licensee hereby undertakes to discharge all statutory obligations and liabilities in connection with employment of its personnel in the said premises. Licensee hereby indemnifies CMRL against any liability arising in connection with the employment of its personnel in the said premises by Licensor. Licensee hereby undertakes to carry out police verification of its employees and submit the copy of same to Operations Wing of CMRL in accordance with CMRL‟s policies regulations prevalent at that time. 6.7 The Licensee shall indemnify CMRL from any claims that may arise from the statutory authorities against any statutory taxes, statutory dues, local levies, etc. in connection with this License. 6.8 The Licensee shall indemnify CMRL from any damage charges to be incurred if the licensed Kiosks Spaces are not been handed over to CMRL in good condition as required under this agreement. 6.9 The Licensee shall indemnify CMRL from any serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or CMRL employees or loss to CMRL property. 6.10 The Licensee shall be liable for and shall indemnify, protect, defend and hold harmless CMRL, CMRL‟s officers, employees and agents from and against any lossand all demands, claim (including claims, suits and causes of action and any claim and all liability, costs, expenses, settlements and judgments arising out of infringement the failure of third-party intellectual property rights), damage award, action, cause of action, cost or expense that the Province or any of Licensee to discharge its employees or agents may sustain, incur, suffer or be put obligations under this clause and 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 directionsprovisions of Applicable laws and Applicable Permits. 11.03 Without limiting 6.11 The Licensee shall indemnify and keep indemnified CMRL for any losses/ penalties on this account levied by any judicial/statutory authorities/courts, in case, the generality of Section 4.08, you must comply with, Licensee misused all liabilities for mis-user charges 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 jurisdictionsmis-user proceedings. 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.

Appears in 4 contracts

Samples: License Agreement, License Agreement, License Agreement

Indemnity and Insurance. 11.01 You must 10.1 The Licensee hereby undertakes to indemnify and save hold DMRC harmless against all costs, damages, liabilities, expenses arising out of any third party claims relating to non- completion of the Province Fit-out; quality of the Fit-out and the installation activities etc. 10.2 The Licensee hereby undertakes to indemnify DMRC against all losses and claims in respect of death or injury to any person or loss or damage to any property which may arise out of or in consequence of the execution and completion of works / operation of machines and remedying defects therein and against all claims, proceedings, damages, costs charges and expenses whatsoever in respect thereof or in relation thereto. 10.3 The Licensee hereby undertakes that DMRC shall not be liable for or in respect of any damages or compensation payable to any xxxxxxx or other person in the employment of Licensee or any of his contractors/ sub-contractors etc. The Licensee shall indemnify and keep indemnified DMRC against all such damages and compensation; all claims proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto. 10.4 The licensee must strictly comply with all the provisions of The EPF Act 1952, The ESI Act, Minimum Wages Act 1948, Labour Laws & regulation in force including but not limited to the Contract Labour (Regulation & Abolition) Act-1976 including any subsequent amendment thereof and the rules made there under as per prevalent Government orders and ensure timely payment under these Acts. Failure to comply these acts shall attract penalty as per provisions. Licensee shall indemnify DMRC Administration for any loss and damages suffered due to violation of its provision. 10.5 The Licensee hereby indemnifies DMRC against any loss, damage or liabilities arising as a result of any act of omission or commission on part of Licensee or on part of its personnel or in respect of non-observance of any statutory requirements or legal dues of any nature. 10.6 The Licensee hereby undertakes to discharge all statutory obligations and liabilities in connection with employment of its personnel in the said premises. Licensee hereby indemnifies DMRC against any liability arising in connection with the employment of its personnel in the said premises by Licensor. Licensee hereby undertakes to carry out police verification of its employees and submit the copy of same to DMRC in accordance with its extant policies. 10.7 The Licensee shall indemnify DMRC from any claims that may arise from the statutory authorities against any statutory taxes, statutory dues, local levies, etc. in connection with this License. 10.8 The Licensee shall indemnify DMRC from any serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or DMRC employees or loss to DMRC property. 10.9 The Licensee shall be liable for and shall indemnify, protect, defend and hold harmless DMRC, DMRC’s officers, employees and agents from and against any lossand all demands, claim (including claims, suits and causes of action and any claim and all liability, costs, expenses, settlements and judgments arising out of infringement the failure of third-party intellectual property rights), damage award, action, cause of action, cost or expense that the Province or any of Licensee to discharge its employees or agents may sustain, incur, suffer or be put obligations under this clause and 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 directionsprovisions of Applicable laws and Applicable Permits. 11.03 Without limiting 10.10 The Licensee shall indemnify and keep indemnified DMRC for any losses/ penalties on this account levied by any judicial/statutory authorities/courts on 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 jurisdictionsLicensee. 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.

Appears in 4 contracts

Samples: License Agreement, License Agreement, License Agreement

Indemnity and Insurance. 11.01 You must 6.1 The Licensee hereby undertakes to indemnify and save hold the Licensor harmless against all costs, damages, liabilities, expenses arising out of any third party claims relating to non-completion of the fit-out; quality of the fit-out and the construction/ construction activities. 6.2 The Licensee hereby undertakes to indemnify the Licensor against all losses and claims in respect of death or injury to any person or loss or damage to any property which may arise out of or in consequence of the execution and completion of works and remedying defects therein and against all claims, proceedings, damages, costs charges and expenses whatsoever in respect thereof or in relation thereto. 6.3 The Licensee hereby undertakes to indemnify and hold the Licensor harmless against all costs, damages, liabilities, expenses arising out of any third party claims relating to operations of the Licensed Space. 6.4 The Licensee hereby undertakes that the Licensor shall not be liable for or in respect of any damages or compensation payable to any xxxxxxx or other person in the employment of Licensee or any of his/her contractors/ sub-contractors. The Licensee shall indemnify and keep indemnified the Licensor against all such damages and compensation; all claims proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto. 6.5 The Licensee shall comply with all the provisions of Labour Laws & regulation in force including but not limited to the Contract Labour (Regulation & Abolition) Act-1976 including any subsequent amendment thereof and the rules made there under. Licensee shall indemnify the Licensor for any loss and damages suffered due to violation of its provision. 6.6 The Licensee hereby indemnifies the Licensor against any loss, damage or liabilities arising as a result of any act of omission or commission on part of Licensee or on part of its personnel or in respect of non- observance of any statutory requirements or legal dues of any nature. 6.7 The Licensee hereby undertakes to discharge all statutory obligations and liabilities in connection with employment of its personnel in the said premises. Licensee hereby indemnifies Licensor against any liability arising in connection with the employment of its personnel in the premises by Licensor. Licensee hereby undertakes to carry out police verification of its employees and submit copy of same to O&M Administration of Licensor, in accordance with Licensor’s policies regulations prevalent at that time. 6.8 The Licensee shall indemnify the Licensor from any claims that may arise from the statutory authorities against any statutory taxes, statutory dues, local levies, etc. in connection with this License. 6.9 The Licensee shall indemnify the Licensor from any damage charges to be incurred if the licensed Mart cum Office Space has not been handed over to the Licensor in good condition as required under this agreement. 6.10 The Licensee shall indemnify the Licensor from any serious accident caused due to negligence of the Licensee, resulting in injury, death to visitors or the Licensor employees or loss to property of the Licensor. 6.11 The Licensee shall be liable for and shall indemnify, protect, defend and hold harmless the Province and its Licensor, officers of the Licensor, employees and agents from and against any lossand all demands, claim (including claims, suits and causes of action and any claim and all liability, costs, expenses, settlements and judgments arising out of infringement the failure of third-party intellectual property rights), damage award, action, cause of action, cost or expense that the Province or any of Licensee to discharge its employees or agents may sustain, incur, suffer or be put obligations under this clause and 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 directionsprovisions of Applicable laws and Applicable Permits. 11.03 Without limiting 6.12 The Licensee shall indemnify and keep indemnified the generality of Section 4.08Licensor for any losses/ penalties on this account levied by any judicial/statutory authorities/courts, you must comply within case, the Licensee misused all liabilities for mis-user charges 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 jurisdictionsmis-user proceedings. 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.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Indemnity and Insurance. 11.01 You must 6.1 The Licensee hereby undertakes to indemnify and save hold DMRC harmless against all costs, damages, liabilities, expenses arising out of any third party claims relating to non- completion of the Province Fit-out; quality of the Fit-out and the construction/ construction activities. 6.2 The Licensee hereby undertakes to indemnify DMRC against all losses and claims in respect of death or injury to any person or loss or damage to any property which may arise out of or in consequence of the execution and completion of works and remedying defects therein and against all claims, proceedings, damages, costs charges and expenses whatsoever in respect thereof or in relation thereto. 6.3 The Licensee hereby undertakes that DMRC shall not be liable for or in respect of any damages or compensation payable to any xxxxxxx or other person in the employment of Licensee or any of his contractors/ sub-contractors/sub- Licensees. The Licensee shall indemnify and keep indemnified DMRC against all such damages and compensation; all claims proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto. 6.4 The licensee must strictly comply with all the provisions of The EPF Act 1952, The ESI Act1948, Minimum Wages Act 1948, Labour Laws & regulation in force including but not limited to the Contract Labour (Regulation & Abolition) Act- 1986 including any subsequent amendment thereof and the rules made there under as per prevalent Government orders and ensure timely payment under these Acts. Failure to comply these acts shall attract penalty as per provisions. Licensee shall indemnify DMRC Administration for any loss and damages suffered due to violation of its provision. 6.5 The Licensee hereby indemnifies DMRC against any loss, damage or liabilities arising because of any act of omission or commission on part of Licensee or on part of its personnel or in respect of non-observance of any statutory requirements or legal dues of any nature. 6.6 The Licensee hereby undertakes to discharge all statutory obligations and liabilities in connection with employment of its personnel in the said premises. Licensee hereby indemnifies DMRC against any liability arising in connection with the employment of its personnel in the said premises of Licensor. Licensee hereby undertakes to carry out police verification of its employees and submit its copy to DMRC in accordance with its extant policies. 6.7 The Licensee shall indemnify DMRC from any claims that may arise from the statutory authorities against any statutory taxes, statutory dues, local levies, etc. in connection with this License. 6.8 The Licensee shall indemnify DMRC from any serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or DMRC employees or loss to DMRC property during the currency of license agreement. 6.9 The Licensee shall be liable for and shall indemnify, protect, defend and hold harmless DMRC, DMRC’s officers, employees and agents from and against any lossand all demands, claim (including claims, suits and causes of action and any claim and all liability, costs, expenses, settlements and judgments arising out of infringement the failure of third-party intellectual property rights), damage award, action, cause of action, cost or expense that the Province or any of Licensee to discharge its employees or agents may sustain, incur, suffer or be put obligations under this clause and 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 directionsprovisions of Applicable laws and Applicable Permits. 11.03 Without limiting the generality of Section 4.08, you must comply with, 6.10 The Licensee shall indemnify and must ensure that keep indemnified DMRC for any Subcontractors comply with, all applicable occupational health and safety laws in relation to the performance of your obligations under losses/ penalties on this Agreement, including the Workers Compensation Act in British Columbia or similar laws in other jurisdictionsaccount levied by any Judicial/ Statutory Authorities/ Courts on Licensee. 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.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Indemnity and Insurance. 11.01 11.1 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 11.2 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 11.3 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 11.4 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 11.5 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 11.6 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 11.7 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 11.8 Upon our request you must provide us with evidence of your compliance with Sections 11.02, 11.04 and 11.05.

Appears in 2 contracts

Samples: Consulting and General Services Contract, Consulting and General Services Contract

Indemnity and Insurance. 11.01 You must 6.1 The Licensee hereby undertakes to indemnify and save hold CMRL harmless against all costs, damages, liabilities, expenses arising out of any third party claims relating to non- completion of the Province Fit-out; quality of the Fit-out and the construction/ construction activities entered into between the Licensee and end user. 6.2 The Licensee hereby undertakes to indemnify CMRL against all losses and claims in respect of death or injury to any person or loss or damage to any property which may arise out of or in consequence of the execution and completion of works and remedying defects therein including operation of all facets of commercial activities and against all claims, proceedings, damages, costs charges and expenses whatsoever in respect thereof or in relation thereto. 6.3 The Licensee hereby undertakes that CMRL shall not be liable for or in respect of any damages or compensation payable to any xxxxxxx or other person in the employment of Licensee or any of his contractors. The Licensee shall indemnify and keep indemnified CMRL against all such damages and compensation; all claims proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto. 6.4 The licensee must strictly comply with all the provisions of The EPF Act 1952, The ESI Act, Minimum Wages Act 1948, Labour Laws & regulation in force including but not limited to the Contract Labour (Regulation & Abolition) Act-1976 including any subsequent amendment thereof and the rules made there under as per prevalent Government orders and ensure timely payment and compliance under these Acts. Failure to comply these acts shall attract penalty as per provisions. Licensee shall indemnify CMRL Administration for any loss and damages suffered due to violation of its provision. 6.5 The Licensee hereby indemnifies CMRL against any loss, damage or liabilities arising as a result of any act of omission or commission on part of Licensee or on part of its personnel or in respect of non-observance of any statutory requirements or legal dues of any nature. 6.6 The Licensee hereby undertakes to discharge all statutory obligations and liabilities in connection with employment of its personnel in the said premises. Licensee hereby indemnifies CMRL against any liability arising in connection with the employment of its personnel in the said premises by Licensor. Licensee hereby undertakes to carry out police verification of its employees and submit the copy of same to Property Development Wing of CMRL in accordance with CMRL’s policies regulations prevalent at that time. 6.7 The Licensee shall indemnify CMRL from any claims that may arise from the statutory authorities against any statutory taxes, statutory dues, local levies, etc. in connection with this License. 6.8 The Licensee shall indemnify CMRL from any damage charges to be incurred if the licensed Shops/ Office Spaces are not been handed over to CMRL in good condition as required under this agreement. 6.9 The Licensee shall indemnify CMRL from any serious accident caused due to negligence of the Licensee or Licensee’s staff/employee, resulting in injury, death to commuters or CMRL employees or loss to CMRL property. 6.10 The Licensee shall be liable for and shall indemnify, protect, defend and hold harmless CMRL, CMRL’s officers, employees and agents from and against any lossand all demands, claim (including claims, suits and causes of action and any claim and all liability, costs, expenses, settlements and judgments arising out of infringement the failure of third-party intellectual property rights), damage award, action, cause of action, cost or expense that the Province or any of Licensee to discharge its employees or agents may sustain, incur, suffer or be put obligations under this clause and 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 directionsprovisions of Applicable laws and Applicable Permits. 11.03 Without limiting 6.11 The Licensee shall indemnify and keep indemnified CMRL for any losses/ penalties on this account levied by any judicial/statutory authorities/courts, in case, the generality of Section 4.08, you must comply with, Licensee misused all liabilities for mis-user charges 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 jurisdictionsmis-user proceedings. 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.

Appears in 1 contract

Samples: License Agreement

Indemnity and Insurance. 11.01 You must indemnify and save harmless the Province Company 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 Company 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.

Appears in 1 contract

Samples: Consulting and General Services Contract

Indemnity and Insurance. 11.01 You must 6.1 The Licensee hereby undertakes to indemnify and save hold CMRL harmless against all costs, damages, liabilities, expenses arising out of any third party claims relating to non- completion of the Province Fit-out; quality of the Fit-out and the construction/ construction activities between the Licensee and end user. 6.2 The Licensee hereby undertakes to indemnify CMRL against all losses and claims in respect of death or injury to any person or loss or damage to any property which may arise out of or in consequence of the execution and completion of works and remedying defects therein including operation of all facets of commercial activities and against all claims, proceedings, damages, costs charges and expenses whatsoever in respect thereof or in relation thereto. 6.3 The Licensee hereby undertakes that CMRL shall not be liable for or in respect of any damages or compensation payable to any xxxxxxx or other person in the employment of Licensee or any of his contractors/ sub-contractors. The Licensee shall indemnify and keep indemnified CMRL against all such damages and compensation; all claims proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto. 6.4 The licensee must strictly comply with all the provisions of The EPF Xxx 0000, The ESI Act, Minimum Wages Xxx 0000, Labour Laws & regulation in force including but not limited to the Contract Labour (Regulation & Abolition) Act-1976 including any subsequent amendment thereof and the rules made there under as per prevalent Government orders and ensure timely payment and compliance under these Acts. Failure to comply these acts shall attract penalty as per provisions. Licensee shall indemnify CMRL Administration for any loss and damages suffered due to violation of its provision. 6.5 The Licensee hereby indemnifies CMRL against any loss, damage or liabilities arising as a result of any act of omission or commission on part of Licensee or on part of its personnel or in respect of non-observance of any statutory requirements or legal dues of any nature. 6.6 The Licensee hereby undertakes to discharge all statutory obligations and liabilities in connection with employment of its personnel in the said premises. Licensee hereby indemnifies CMRL against any liability arising in connection with the employment of its personnel in the said premises by Licensor. Licensee hereby undertakes to carry out police verification of its employees and submit the copy of same to Operations Development Wing of CMRL in accordance with CMRL‟s policies regulations prevalent at that time. 6.7 The Licensee shall indemnify CMRL from any claims that may arise from the statutory authorities against any statutory taxes, statutory dues, local levies, etc. in connection with this License. 6.8 The Licensee shall indemnify CMRL from any damage charges to be incurred if the licensed Automated Vending Machine Spaces are not been handed over to CMRL in good condition as required under this agreement. 6.9 The Licensee shall indemnify CMRL from any serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or CMRL employees or loss to CMRL property. 6.10 The Licensee shall be liable for and shall indemnify, protect, defend and hold harmless CMRL, CMRL‟s officers, employees and agents from and against any lossand all demands, claim (including claims, suits and causes of action and any claim and all liability, costs, expenses, settlements and judgments arising out of infringement the failure of third-party intellectual property rights), damage award, action, cause of action, cost or expense that the Province or any of Licensee to discharge its employees or agents may sustain, incur, suffer or be put obligations under this clause and 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 directionsprovisions of Applicable laws and Applicable Permits. 11.03 Without limiting 6.11 The Licensee shall indemnify and keep indemnified CMRL for any losses/ penalties on this account levied by any judicial/statutory authorities/courts, in case, the generality of Section 4.08, you must comply with, Licensee misused all liabilities for mis-user charges 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 jurisdictionsmis-user proceedings. 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.

Appears in 1 contract

Samples: License Agreement

Indemnity and Insurance. 11.01 You must 10.1 The Licensee hereby undertakes to indemnify and save hold DMRC harmless against all costs, damages, liabilities, expenses arising out of any third party claims relating to non- completion of the Province Fit-out; quality of the Fit-out and the construction/ construction activities, agreement to sub-License entered in to between the Licensee and end user. 10.2 The Licensee hereby undertakes to indemnify DMRC against all losses and claims in respect of death or injury to any person or loss or damage to any property which may arise out of or in consequence of the execution and completion of works and remedying defects therein and against all claims, proceedings, damages, costs charges and expenses whatsoever in respect thereof or in relation thereto. 10.3 The Licensee hereby undertakes that DMRC shall not be liable for or in respect of any damages or compensation payable to any xxxxxxx or other person in the employment of Licensee or any of his contractors/ sub-contractors/ sub- Licensees. The Licensee shall indemnify and keep indemnified DMRC against all such damages and compensation; all claims proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto. 10.4 The licensee must strictly comply with all the provisions of The EPF Act 1952, The ESI Act, Minimum Wages Act 1948, Labour Laws & regulation in force including but not limited to the Contract Labour (Regulation & Abolition) Act-1976 including any subsequent amendment thereof and the rules made there under as per prevalent Government orders and ensure timely payment under these Acts. Failure to comply these acts shall attract penalty as per provisions. Licensee shall indemnify DMRC Administration for any loss and damages suffered due to violation of its provision. 10.5 The Licensee hereby indemnifies DMRC against any loss, damage or liabilities arising as a result of any act of omission or commission on part of Licensee or on part of its personnel or in respect of non-observance of any statutory requirements or legal dues of any nature. 10.6 The Licensee hereby undertakes to discharge all statutory obligations and liabilities in connection with employment of its personnel in the said premises. Licensee hereby indemnifies DMRC against any liability arising in connection with the employment of its personnel in the said premises of the Licensor. Licensee hereby undertakes to carry out police verification of its employees and submit the copy of same to DMRC in accordance with its extant policies. 10.7 The Licensee shall indemnify DMRC from any claims that may arise from the statutory authorities against any statutory taxes, statutory dues, local levies, etc. in connection with this License. 10.8 The Licensee shall indemnify DMRC from any serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or DMRC employees or loss to DMRC property. 10.9 The Licensee shall be liable for and shall indemnify, protect, defend and hold harmless DMRC, DMRC‘s officers, employees and agents from and against any lossand all demands, claim (including claims, suits and causes of action and any claim and all liability, costs, expenses, settlements and judgments arising out of infringement the failure of third-party intellectual property rights), damage award, action, cause of action, cost or expense that the Province or any of Licensee to discharge its employees or agents may sustain, incur, suffer or be put obligations under this clause and 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 directionsprovisions of Applicable laws and Applicable Permits. 11.03 Without limiting 10.10 The Licensee shall indemnify and keep indemnified DMRC for any losses/ penalties on this account levied by any judicial/statutory authorities/courts on 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 jurisdictionsLicensee. 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.

Appears in 1 contract

Samples: Contract for Licensing of Pre Identified Bare Space/S to Operate a Retail Banking Outlet/S by Placement of 64 Atms

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) or 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.

Appears in 1 contract

Samples: Consulting and General Services Contract

Indemnity and Insurance. 11.01 You must 6.1 The Licensee hereby undertakes to indemnify and save hold CMRL harmless against all costs, damages, liabilities, expenses arising out of any third party claims relating to non- completion of the Province Fit-out; quality of the Fit-out and the construction/ construction activities entered into between the Licensee and end user. 6.2 The Licensee hereby undertakes to indemnify CMRL against all losses and claims in respect of death or injury to any person or loss or damage to any property which may arise out of or in consequence of the execution and completion of works and remedying defects therein including operation of all facets of commercial activities and against all claims, proceedings, damages, costs charges and expenses whatsoever in respect thereof or in relation thereto. 6.3 The Licensee hereby undertakes that CMRL shall not be liable for or in respect of any damages or compensation payable to any xxxxxxx or other person in the employment of Licensee or any of his contractors. The Licensee shall indemnify and keep indemnified CMRL against all such damages and compensation; all claims proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto. 6.4 The licensee must strictly comply with all the provisions of The EPF Xxx 0000, The ESI Act, Minimum Wages Xxx 0000, Labour Laws & regulation in force including but not limited to the Contract Labour (Regulation & Abolition) Act-1976 including any subsequent amendment thereof and the rules made there under as per prevalent Government orders and ensure timely payment and compliance under these Acts. Failure to comply these acts shall attract penalty as per provisions. Licensee shall indemnify CMRL Administration for any loss and damages suffered due to violation of its provision. 6.5 The Licensee hereby indemnifies CMRL against any loss, damage or liabilities arising as a result of any act of omission or commission on part of Licensee or on part of its personnel or in respect of non-observance of any statutory requirements or legal dues of any nature. 6.6 The Licensee hereby undertakes to discharge all statutory obligations and liabilities in connection with employment of its personnel in the said premises. Licensee hereby indemnifies CMRL against any liability arising in connection with the employment of its personnel in the said premises by Licensor. Licensee hereby undertakes to carry out police verification of its employees and submit the copy of same to Property Development Wing of CMRL in accordance with CMRL‟s policies regulations prevalent at that time. 6.7 The Licensee shall indemnify CMRL from any claims that may arise from the statutory authorities against any statutory taxes, statutory dues, local levies, etc. in connection with this License. 6.8 The Licensee shall indemnify CMRL from any damage charges to be incurred if the licensed Shops/ Office Spaces are not been handed over to CMRL in good condition as required under this agreement. 6.9 The Licensee shall indemnify CMRL from any serious accident caused due to negligence of the Licensee or Licensee‟s staff/employee, resulting in injury, death to commuters or CMRL employees or loss to CMRL property. 6.10 The Licensee shall be liable for and shall indemnify, protect, defend and hold harmless CMRL, CMRL‟s officers, employees and agents from and against any lossand all demands, claim (including claims, suits and causes of action and any claim and all liability, costs, expenses, settlements and judgments arising out of infringement the failure of third-party intellectual property rights), damage award, action, cause of action, cost or expense that the Province or any of Licensee to discharge its employees or agents may sustain, incur, suffer or be put obligations under this clause and 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 directionsprovisions of Applicable laws and Applicable Permits. 11.03 Without limiting 6.11 The Licensee shall indemnify and keep indemnified CMRL for any losses/ penalties on this account levied by any judicial/statutory authorities/courts, in case, the generality of Section 4.08, you must comply with, Licensee misused all liabilities for mis-user charges 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 jurisdictionsmis-user proceedings. 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.

Appears in 1 contract

Samples: License Agreement

Indemnity and Insurance. 11.01 You must 6.1 The Licensee hereby undertakes to indemnify and save hold CMRL harmless against all costs, damages, liabilities, expenses arising out of any third party claims relating to non- completion of the Province Fit-out; quality of the Fit-out and the construction/ construction activities entered into between the Licensee and end user. 6.2 The Licensee hereby undertakes to indemnify CMRL against all losses and claims in respect of death or injury to any person or loss or damage to any property which may arise out of or in consequence of the execution and completion of works and remedying defects therein including operation of all facets of commercial activities and against all claims, proceedings, damages, costs charges and expenses whatsoever in respect thereof or in relation thereto. 6.3 The Licensee hereby undertakes that CMRL shall not be liable for or in respect of any damages or compensation payable to any xxxxxxx or other person in the employment of Licensee or any of his contractors. The Licensee shall indemnify and keep indemnified CMRL against all such damages and compensation; all claims proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto. 6.4 The licensee must strictly comply with all the provisions of The EPF Act 1952, The ESI Act, Minimum Wages Act 1948, Labour Laws & regulation in force including but not limited to the Contract Labour (Regulation & Abolition) Act-1976 including any subsequent amendment thereof and the rules made there under as per prevalent Government orders and ensure timely payment and compliance under these Acts. Failure to comply these acts shall attract penalty as per provisions. Licensee shall indemnify CMRL Administration for any loss and damages suffered due to violation of its provision. 6.5 The Licensee hereby indemnifies CMRL against any loss, damage or liabilities arising as a result of any act of omission or commission on part of Licensee or on part of its personnel or in respect of non-observance of any statutory requirements or legal dues of any nature. 6.6 The Licensee hereby undertakes to discharge all statutory obligations and liabilities in connection with employment of its personnel in the said premises. Licensee hereby indemnifies CMRL against any liability arising in connection with the employment of its personnel in the said premises by Licensor. Licensee hereby undertakes to carry out police verification of its employees and submit the copy of same to Property Development Wing of CMRL in accordance with CMRL‟s policies regulations prevalent at that time. 6.7 The Licensee shall indemnify CMRL from any claims that may arise from the statutory authorities against any statutory taxes, statutory dues, local levies, etc. in connection with this License. 6.8 The Licensee shall indemnify CMRL from any damage charges to be incurred if the licensed Shops/ Office Spaces are not been handed over to CMRL in good condition as required under this agreement. 6.9 The Licensee shall indemnify CMRL from any serious accident caused due to negligence of the Licensee or Licensee‟s staff/employee, resulting in injury, death to commuters or CMRL employees or loss to CMRL property. 6.10 The Licensee shall be liable for and shall indemnify, protect, defend and hold harmless CMRL, CMRL‟s officers, employees and agents from and against any lossand all demands, claim (including claims, suits and causes of action and any claim and all liability, costs, expenses, settlements and judgments arising out of infringement the failure of third-party intellectual property rights), damage award, action, cause of action, cost or expense that the Province or any of Licensee to discharge its employees or agents may sustain, incur, suffer or be put obligations under this clause and 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 directionsprovisions of Applicable laws and Applicable Permits. 11.03 Without limiting 6.11 The Licensee shall indemnify and keep indemnified CMRL for any losses/ penalties on this account levied by any judicial/statutory authorities/courts, in case, the generality of Section 4.08, you must comply with, Licensee misused all liabilities for mis-user charges 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 jurisdictionsmis-user proceedings. 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.

Appears in 1 contract

Samples: License Agreement

Indemnity and Insurance. 11.01 You must 10.1 The Licensee hereby undertakes to indemnify and save hold DMRC harmless against all costs, damages, liabilities, expenses arising out of any third party claims relating to non- completion of the Province Fit-out; quality of the Fit-out and the installation activities etc. 10.2 The Licensee hereby undertakes to indemnify DMRC against all losses and claims in respect of death or injury to any person or loss or damage to any property which may arise out of or in consequence of the execution and completion of works / operation of machines and remedying defects therein and against all claims, proceedings, damages, costs charges and expenses whatsoever in respect thereof or in relation thereto. 10.3 The Licensee hereby undertakes that DMRC shall not be liable for or in respect of any damages or compensation payable to any xxxxxxx or other person in the employment of Licensee or any of his contractors/ sub-contractors etc. The Licensee shall indemnify and keep indemnified DMRC against all such damages and compensation; all claims proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto. 10.4 The licensee must strictly comply with all the provisions of The EPF Act 1952, The ESI Act, Minimum Wages Act 1948, Labour Laws & regulation in force including but not limited to the Contract Labour (Regulation & Abolition) Act-1976 including any subsequent amendment thereof and the rules made there under as per prevalent Government orders and ensure timely payment under these Acts. Failure to comply these acts shall attract penalty as per provisions. Licensee shall indemnify DMRC Administration for any loss and damages suffered due to violation of its provision. 10.5 The Licensee hereby indemnifies DMRC against any loss, damage or liabilities arising as a result of any act of omission or commission on part of Licensee or on part of its personnel or in respect of non-observance of any statutory requirements or legal dues of any nature. 10.6 The Licensee hereby undertakes to discharge all statutory obligations and liabilities in connection with employment of its personnel in the said premises. Licensee hereby indemnifies DMRC against any liability arising in connection with the employment of its personnel in the said premises of Licensor. Licensee hereby undertakes to carry out police verification of its employees and submit the copy of same to DMRC in accordance with its extant policies. 10.7 The Licensee shall indemnify DMRC from any claims that may arise from the statutory authorities against any statutory taxes, statutory dues, local levies, etc. in connection with this License. 10.8 The Licensee shall indemnify DMRC from any serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or DMRC employees or loss to DMRC property. 10.9 The Licensee shall be liable for and shall indemnify, protect, defend and hold harmless DMRC, DMRC‘s officers, employees and agents from and against any lossand all demands, claim (including claims, suits and causes of action and any claim and all liability, costs, expenses, settlements and judgments arising out of infringement the failure of third-party intellectual property rights), damage award, action, cause of action, cost or expense that the Province or any of Licensee to discharge its employees or agents may sustain, incur, suffer or be put obligations under this clause and 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 directionsprovisions of Applicable laws and Applicable Permits. 11.03 Without limiting 10.10 The Licensee shall indemnify and keep indemnified DMRC for any losses/ penalties on this account levied by any judicial/statutory authorities/courts on 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 jurisdictionsLicensee. 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.

Appears in 1 contract

Samples: License Agreement

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Indemnity and Insurance. 11.01 You must 6.1 The Licensee hereby undertakes to indemnify and save hold DMRC harmless against all costs, damages, liabilities, expenses arising out of any third party claims relating to non- completion of the Province Fit-out; quality of the Fit-out and the construction/ construction activities, agreement to sub-License entered in to between the Licensee and end user. 6.2 The Licensee hereby undertakes to indemnify DMRC against all losses and claims in respect of death or injury to any person or loss or damage to any property which may arise out of or in consequence of the execution and completion of works and remedying defects therein and against all claims, proceedings, damages, costs charges and expenses whatsoever in respect thereof or in relation thereto. 6.3 The Licensee hereby undertakes that DMRC shall not be liable for or in respect of any damages or compensation payable to any xxxxxxx or other person in the employment of Licensee or any of his contractors/ sub-contractors/ sub-Licensees. The Licensee shall indemnify and keep indemnified DMRC against all such damages and compensation; all claims proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto. 6.4 The licensee must strictly comply with all the provisions of The EPF Xxx 0000, The ESI Act, Minimum Wages Xxx 0000, Labour Laws & regulation in force including but not limited to the Contract Labour (Regulation & Abolition) Act-1976 including any subsequent amendment thereof and the rules made there under as per prevalent Government orders and ensure timely payment under these Acts. Failure to comply these acts shall attract penalty as per provisions. Licensee shall indemnify DMRC Administration for any loss and damages suffered due to violation of its provision. 6.5 The Licensee hereby indemnifies DMRC against any loss, damage or liabilities arising as a result of any act of omission or commission on part of Licensee or on part of its personnel or in respect of non-observance of any statutory requirements or legal dues of any nature. 6.6 The Licensee hereby undertakes to discharge all statutory obligations and liabilities in connection with employment of its personnel in the said premises. Licensee hereby indemnifies DMRC against any liability arising in connection with the employment of its personnel in the said premises by Licensor. Licensee hereby undertakes to carry out police verification of its employees and submit the copy of same to DMRC in accordance with its extant policies. 6.7 The Licensee shall indemnify DMRC from any claims that may arise from the statutory authorities against any statutory taxes, statutory dues, local levies, etc. in connection with this License. 6.8 The Licensee shall indemnify DMRC from any serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or DMRC employees or loss to DMRC property. 6.9 The Licensee shall be liable for and shall indemnify, protect, defend and hold harmless DMRC, DMRC’s officers, employees and agents from and against any lossand all demands, claim (including claims, suits and causes of action and any claim and all liability, costs, expenses, settlements and judgments arising out of infringement the failure of third-party intellectual property rights), damage award, action, cause of action, cost or expense that the Province or any of Licensee to discharge its employees or agents may sustain, incur, suffer or be put obligations under this clause and 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 directionsprovisions of Applicable laws and Applicable Permits. 11.03 Without limiting 6.10 The Licensee shall indemnify and keep indemnified DMRC for any losses/ penalties on this account levied by any judicial/statutory authorities/courts on 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 jurisdictionsLicensee. 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.

Appears in 1 contract

Samples: License Agreement

Indemnity and Insurance. 11.01 You must 6.1 The Licensee hereby undertakes to indemnify and save hold DMRC harmless against all costs, damages, liabilities, expenses arising out of any third party claims relating to non- completion of the Province Fit-out; quality of the Fit-out and the construction/ construction activities. 6.2 The Licensee hereby undertakes to indemnify DMRC against all losses and claims in respect of death or injury to any person or loss or damage to any property which may arise out of or in consequence of the execution and completion of works and remedying defects therein and against all claims, proceedings, damages, costs charges and expenses whatsoever in respect thereof or in relation thereto. 6.3 The Licensee hereby undertakes that DMRC shall not be liable for or in respect of any damages or compensation payable to any xxxxxxx or other person in the employment of Licensee or any of his contractors/ sub-contractors/sub- Licensees. The Licensee shall indemnify and keep indemnified DMRC against all such damages and compensation; all claims proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto. 6.4 The licensee must strictly comply with all the provisions of The EPF Xxx 0000, The ESI Act1948, Minimum Wages Xxx 0000, Labour Laws & regulation in force including but not limited to the Contract Labour (Regulation & Abolition) Act- 1986 including any subsequent amendment thereof and the rules made there under as per prevalent Government orders and ensure timely payment under these Acts. Failure to comply these acts shall attract penalty as per provisions. Licensee shall indemnify DMRC Administration for any loss and damages suffered due to violation of its provision. 6.5 The Licensee hereby indemnifies DMRC against any loss, damage or liabilities arising because of any act of omission or commission on part of Licensee or on part of its personnel or in respect of non-observance of any statutory requirements or legal dues of any nature. 6.6 The Licensee hereby undertakes to discharge all statutory obligations and liabilities in connection with employment of its personnel in the said premises. Licensee hereby indemnifies DMRC against any liability arising in connection with the employment of its personnel in the said premises of Licensor. Licensee hereby undertakes to carry out police verification of its employees and submit its copy to DMRC in accordance with its extant policies. 6.7 The Licensee shall indemnify DMRC from any claims that may arise from the statutory authorities against any statutory taxes, statutory dues, local levies, etc. in connection with this License. 6.8 The Licensee shall indemnify DMRC from any serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or DMRC employees or loss to DMRC property during the currency of license agreement. 6.9 The Licensee shall be liable for and shall indemnify, protect, defend and hold harmless DMRC, DMRC’s officers, employees and agents from and against any lossand all demands, claim (including claims, suits and causes of action and any claim and all liability, costs, expenses, settlements and judgments arising out of infringement the failure of third-party intellectual property rights), damage award, action, cause of action, cost or expense that the Province or any of Licensee to discharge its employees or agents may sustain, incur, suffer or be put obligations under this clause and 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 directionsprovisions of Applicable laws and Applicable Permits. 11.03 Without limiting the generality of Section 4.08, you must comply with, 6.10 The Licensee shall indemnify and must ensure that keep indemnified DMRC for any Subcontractors comply with, all applicable occupational health and safety laws in relation to the performance of your obligations under losses/ penalties on this Agreement, including the Workers Compensation Act in British Columbia or similar laws in other jurisdictionsaccount levied by any Judicial/ Statutory Authorities/ Courts on Licensee. 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.

Appears in 1 contract

Samples: License Agreement

Indemnity and Insurance. 11.01 You must 6.1 The Licensee hereby undertakes to indemnify and save hold CMRL harmless against all costs, damages, liabilities, expenses arising out of any third party claims relating to non- completion of the Province Fit-out; quality of the Fit-out and the construction/ construction activities entered into between the Licensee and end user. 6.2 The Licensee hereby undertakes to indemnify CMRL against all losses and claims in respect of death or injury to any person or loss or damage to any property which may arise out of or in consequence of the execution and completion of works and remedying defects therein including operation of all facets of commercial activities and against all claims, proceedings, damages, costs charges and expenses whatsoever in respect thereof or in relation thereto. 6.3 The Licensee hereby undertakes that CMRL shall not be liable for or in respect of any damages or compensation payable to any xxxxxxx or other person in the employment of Licensee or any of his contractors. The Licensee shall indemnify and keep indemnified CMRL against all such damages and compensation; all claims proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto. 6.4 The licensee must strictly comply with all the provisions of The EPF Xxx 0000, The ESI Act, Minimum Wages Xxx 0000, Labour Laws & regulation in force including but not limited to the Contract Labour (Regulation & Abolition) Act-1976 including any subsequent amendment thereof and the rules made there under as per prevalent Government orders and ensure timely payment and compliance under these Acts. Failure to comply these acts shall attract penalty as per provisions. Licensee shall indemnify CMRL Administration for any loss and damages suffered due to violation of its provision. 6.5 The Licensee hereby indemnifies CMRL against any loss, damage or liabilities arising as a result of any act of omission or commission on part of Licensee or on part of its personnel or in respect of non-observance of any statutory requirements or legal dues of any nature. 6.6 The Licensee hereby undertakes to discharge all statutory obligations and liabilities in connection with employment of its personnel in the said premises. Licensee hereby indemnifies CMRL against any liability arising in connection with the employment of its personnel in the said premises by Licensor. Licensee hereby undertakes to carry out police verification of its employees and submit the copy of same to Operation Wing of CMRL in accordance with CMRL‟s policies regulations prevalent at that time. 6.7 The Licensee shall indemnify CMRL from any claims that may arise from the statutory authorities against any statutory taxes, statutory dues, local levies, etc. in connection with this License. 6.8 The Licensee shall indemnify CMRL from any damage charges to be incurred if the licensed Shops/ Office Spaces are not been handed over to CMRL in good condition as required under this agreement. 6.9 The Licensee shall indemnify CMRL from any serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or CMRL employees or loss to CMRL property. 6.10 The Licensee shall be liable for and shall indemnify, protect, defend and hold harmless CMRL, CMRL‟s officers, employees and agents from and against any lossand all demands, claim (including claims, suits and causes of action and any claim and all liability, costs, expenses, settlements and judgments arising out of infringement the failure of third-party intellectual property rights), damage award, action, cause of action, cost or expense that the Province or any of Licensee to discharge its employees or agents may sustain, incur, suffer or be put obligations under this clause and 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 directionsprovisions of Applicable laws and Applicable Permits. 11.03 Without limiting 6.11 The Licensee shall indemnify and keep indemnified CMRL for any losses/ penalties on this account levied by any judicial/statutory authorities/courts, in case, the generality of Section 4.08, you must comply with, Licensee misused all liabilities for mis-user charges 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 jurisdictionsmis-user proceedings. 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.

Appears in 1 contract

Samples: License Agreement

Indemnity and Insurance. 11.01 You must 6.1 The Licensee hereby undertakes to indemnify and save hold CMRL harmless against all costs, damages, liabilities, expenses arising out of any third party claims relating to non- completion of the Province Fit-out; quality of the Fit-out and the construction/ construction activities, any other agreement entered into between the Licensee and end user. 6.2 The Licensee hereby undertakes to indemnify CMRL against all losses and claims in respect of death or injury to any person or loss or damage to any property which may arise out of or in consequence of the execution and completion of works and remedying defects therein including operation of all facets of commercial activities and against all claims, proceedings, damages, costs charges and expenses whatsoever in respect thereof or in relation thereto. 6.3 The Licensee hereby undertakes that CMRL shall not be liable for or in respect of any damages or compensation payable to any xxxxxxx or other person in the employment of Licensee or any of his contractors/ sub-contractors. The Licensee shall indemnify and keep indemnified CMRL against all such damages and compensation; all claims proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto. 6.4 The licensee must strictly comply with all the provisions of The EPF Xxx 0000, The ESI Act, Minimum Wages Xxx 0000, Labour Laws & regulation in force including but not limited to the Contract Labour (Regulation & Abolition) Act-1976 including any subsequent amendment thereof and the rules made there under as per prevalent Government orders and ensure timely payment and compliance under these Acts. Failure to comply these acts shall attract penalty as per provisions. Licensee shall indemnify CMRL Administration for any loss and damages suffered due to violation of its provision. 6.5 The Licensee hereby indemnifies CMRL against any loss, damage or liabilities arising as a result of any act of omission or commission on part of Licensee or on part of its personnel or in respect of non-observance of any statutory requirements or legal dues of any nature. 6.6 The Licensee hereby undertakes to discharge all statutory obligations and liabilities in connection with employment of its personnel in the said premises. Licensee hereby indemnifies CMRL against any liability arising in connection with the employment of its personnel in the said premises by Licensor. Licensee hereby undertakes to carry out police verification of its employees and submit the copy of same to Operations Wing of CMRL in accordance with CMRL’s policies regulations prevalent at that time. 6.7 The Licensee shall indemnify CMRL from any claims that may arise from the statutory authorities against any statutory taxes, statutory dues, local levies, etc. in connection with this License. 6.8 The Licensee shall indemnify CMRL from any damage charges to be incurred if the licensed Kiosks Spaces are not been handed over to CMRL in good condition as required under this agreement. 6.9 The Licensee shall indemnify CMRL from any serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or CMRL employees or loss to CMRL property. 6.10 The Licensee shall be liable for and shall indemnify, protect, defend and hold harmless CMRL, CMRL’s officers, employees and agents from and against any lossand all demands, claim (including claims, suits and causes of action and any claim and all liability, costs, expenses, settlements and judgments arising out of infringement the failure of third-party intellectual property rights), damage award, action, cause of action, cost or expense that the Province or any of Licensee to discharge its employees or agents may sustain, incur, suffer or be put obligations under this clause and 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 directionsprovisions of Applicable laws and Applicable Permits. 11.03 Without limiting 6.11 The Licensee shall indemnify and keep indemnified CMRL for any losses/ penalties on this account levied by any judicial/statutory authorities/courts, in case, the generality of Section 4.08, you must comply with, Licensee misused all liabilities for mis-user charges 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 jurisdictionsmis-user proceedings. 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.

Appears in 1 contract

Samples: License Agreement

Indemnity and Insurance. 11.01 You must 6.1 The Licensee hereby undertakes to indemnify and save hold CMRL harmless against all costs, damages, liabilities, expenses arising out of any third party claims relating to non- completion of the Province Fit-out; quality of the Fit-out and the construction/ construction activities entered into between the Licensee and end user. 6.2 The Licensee hereby undertakes to indemnify CMRL against all losses and claims in respect of death or injury to any person or loss or damage to any property which may arise out of or in consequence of the execution and completion of works and remedying defects therein including operation of all facets of commercial activities and against all claims, proceedings, damages, costs charges and expenses whatsoever in respect thereof or in relation thereto. 6.3 The Licensee hereby undertakes that CMRL shall not be liable for or in respect of any damages or compensation payable to any xxxxxxx or other person in the employment of Licensee or any of his contractors. The Licensee shall indemnify and keep indemnified CMRL against all such damages and compensation; all claims proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto. 6.4 The licensee must strictly comply with all the provisions of The EPF Xxx 0000, The ESI Act, Minimum Wages Xxx 0000, Labour Laws & regulation in force including but not limited to the Contract Labour (Regulation & Abolition) Act-1976 including any subsequent amendment thereof and the rules made there under as per prevalent Government orders and ensure timely payment and compliance under these Acts. Failure to comply these acts shall attract penalty as per provisions. Licensee shall indemnify CMRL Administration for any loss and damages suffered due to violation of its provision. 6.5 The Licensee hereby indemnifies CMRL against any loss, damage or liabilities arising as a result of any act of omission or commission on part of Licensee or on part of its personnel or in respect of non-observance of any statutory requirements or legal dues of any nature. 6.6 The Licensee hereby undertakes to discharge all statutory obligations and liabilities in connection with employment of its personnel in the said premises. Licensee hereby indemnifies CMRL against any liability arising in connection with the employment of its personnel in the said premises by Licensor. Licensee hereby undertakes to carry out police verification of its employees and submit the copy of same to Property Development Wing of CMRL in accordance with CMRL‟s policies regulations prevalent at that time. 6.7 The Licensee shall indemnify CMRL from any claims that may arise from the statutory authorities against any statutory taxes, statutory dues, local levies, etc. in connection with this License. 6.8 The Licensee shall indemnify CMRL from any damage charges to be incurred if the licensed Shops/ Office Spaces are not been handed over to CMRL in good condition as required under this agreement. 6.9 The Licensee shall indemnify CMRL from any serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or CMRL employees or loss to CMRL property. 6.10 The Licensee shall be liable for and shall indemnify, protect, defend and hold harmless CMRL, CMRL‟s officers, employees and agents from and against any lossand all demands, claim (including claims, suits and causes of action and any claim and all liability, costs, expenses, settlements and judgments arising out of infringement the failure of third-party intellectual property rights), damage award, action, cause of action, cost or expense that the Province or any of Licensee to discharge its employees or agents may sustain, incur, suffer or be put obligations under this clause and 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 directionsprovisions of Applicable laws and Applicable Permits. 11.03 Without limiting 6.11 The Licensee shall indemnify and keep indemnified CMRL for any losses/ penalties on this account levied by any judicial/statutory authorities/courts, in case, the generality of Section 4.08, you must comply with, Licensee misused all liabilities for mis-user charges 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 jurisdictionsmis-user proceedings. 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.

Appears in 1 contract

Samples: License Agreement

Indemnity and Insurance. 11.01 You must 6.1 The Licensee hereby undertakes to indemnify and save hold DMRC harmless against all costs, damages, liabilities, expenses arising out of any third party claims relating to non- completion of the Province Fit-out; quality of the Fit-out and the construction/ construction activities, agreement to sub-License entered in to between the Licensee and end user. 6.2 The Licensee hereby undertakes to indemnify DMRC against all losses and claims in respect of death or injury to any person or loss or damage to any property which may arise out of or in consequence of the execution and completion of works and remedying defects therein and against all claims, proceedings, damages, costs charges and expenses whatsoever in respect thereof or in relation thereto. 6.3 The Licensee hereby undertakes that DMRC shall not be liable for or in respect of any damages or compensation payable to any xxxxxxx or other person in the employment of Licensee or any of his contractors/ sub contractors/ sub-Licensees. The Licensee shall indemnify and keep indemnified DMRC against all such damages and compensation; all claims proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto. 6.4 The licensee must strictly comply with all the provisions of The EPF Act 1952, The ESI Act, Minimum Wages Act 1948, Labour Laws & regulation in force including but not limited to the Contract Labour (Regulation & Abolition) Act-1976 including any subsequent amendment thereof and the rules made there under as per prevalent Government orders and ensure timely payment under these Acts. Failure to comply these acts shall attract penalty as per provisions. Licensee shall indemnify DMRC Administration for any loss and damages suffered due to violation of its provision. 6.5 The Licensee hereby indemnifies DMRC against any loss, damage or liabilities arising as a result of any act of omission or commission on part of Licensee or on part of its personnel or in respect of non observance of any statutory requirements or legal dues of any nature. 6.6 The Licensee hereby undertakes to discharge all statutory obligations and liabilities in connection with employment of its personnel in the said premises. Licensee hereby indemnifies DMRC against any liability arising in connection with the employment of its personnel in the said premises by Licensor. Licensee hereby undertakes to carry out police verification of its employees and submit the copy of same to Property Business Cell of DMRC in accordance with DMRC’s policies regulations prevalent at that time. 6.7 The Licensee shall indemnify DMRC from any claims that may arise from the statutory authorities against any statutory taxes, statutory dues, local levies, etc. in connection with this License. 6.8 The Licensee shall indemnify DMRC from any damage charges to be incurred if the licensed shops & bare space are not been handed over to DMRC in good condition as required under this agreement. 6.9 The Licensee shall indemnify DMRC from any serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or DMRC employees or loss to DMRC property. 6.10 The Licensee shall be liable for and shall indemnify, protect, defend and hold harmless DMRC, DMRC’s officers, employees and agents from and against any lossand all demands, claim (including claims, suits and causes of action and any claim and all liability, costs, expenses, settlements and judgments arising out of infringement the failure of third-party intellectual property rights), damage award, action, cause of action, cost or expense that the Province or any of Licensee to discharge its employees or agents may sustain, incur, suffer or be put obligations under this clause and 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 directionsprovisions of Applicable laws and Applicable Permits. 11.03 Without limiting 6.11 The Licensee shall indemnify and keep indemnified DMRC for any losses/ penalties on this account levied by any judicial/statutory authorities/courts, in case, the generality of Section 4.08, you must comply with, Licensee misused all liabilities for mis-user charges 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 jurisdictionsmis-user proceedings. 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.

Appears in 1 contract

Samples: License Agreement

Indemnity and Insurance. 11.01 You must 9.1 The Contractor shall indemnify and save harmless keep indemnified UKWIR, the Province Project Manager and its their respective employees and agents from any loss, claim against injury (including death) to any claim persons, loss of infringement and damage to any property, and against all actions, claims, demands, proceedings, costs, losses, charges, expenses (including legal expenses) and any other liabilities which may arise out of thirdthe following: 9.1.1 the negligent act or omission and/or a breach by the Contractor of its obligations under this Agreement and/or a failure by the Contractor, its employees, agents or sub-party intellectual property rights)contractors to exercise all reasonable skill, damage award, action, cause of action, cost or expense care and diligence in accordance with best industry practice in carrying out the Research Work PROVIDED that the Province or any Contractor shall not be liable under this indemnity if such actions, claims, demands, proceedings, costs, losses, charges, expenses and other liabilities arise out 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”) and to the extent attributable to the Loss is directly or indirectly caused or contributed to by: (a) any negligent act or omission of UKWIR, the Project Manager or their respective employees. 9.1.2 any infringement or alleged infringement of any Intellectual Property Rights by you virtue of UKWIR having possession of, exploiting and/or making any use whatsoever of the Research Work PROVIDED that UKWIR shall promptly notify the Project Manager who shall then notify the Contractor in writing of any alleged infringement of which it has notice and shall make no admission without the consent of the Contractor. 9.2 The Contractor shall insure with a reputable insurance company to a level of at least £1,000,000 and in respect of cover acceptable to UKWIR against the Contractor’s liability under Clause 9 and shall on demand provide evidence of such insurance to the Project Manager. 9.3 Subject to 9.4 below, UKWIR's aggregate total liability to the Contractor under or by any of your agents, employees, officers, directors or Subcontractors in connection with this AgreementAgreement (whether arising in contract or in tort or otherwise) shall be limited to £1,000,000 (one million pounds sterling). 9.4 Nothing in this clause 9 shall operate to exclude or limit UKWIR's liability for: 9.4.1 death or personal injury caused by UKWIR's negligence; or (b) 9.4.2 any representation fraudulent misrepresentation or warranty by you being or becoming untrue or incorrectany other liability which cannot be excluded. 11.02 You must comply with the insurance requirements in Schedule D9.5 Without prejudice to clause 9.4 above, if attached, as those terms may UKWIR shall not 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 liable to the performance Contractor for: 9.5.1 loss 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 profit arising in the performance ordinary course 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 thereinbusiness; 11.08 Upon our request you must provide us with evidence 9.5.2 loss of your compliance with Sections 11.02profit not falling within 9.5.1 above, 11.04 and 11.05loss of data, loss of business, loss of revenue, loss of goodwill or loss of anticipated saving; or 9.5.3 indirect or consequential loss or damage.

Appears in 1 contract

Samples: Research Agreement

Indemnity and Insurance. 11.01 You must 6.1 The Licensee hereby undertakes to indemnify and save hold DMRC harmless against all costs, damages, liabilities, expenses arising out of any third party claims relating to non- completion of the Province Fit-out; quality of the Fit-out and the construction/ construction activities. 6.2 The Licensee hereby undertakes to indemnify DMRC against all losses and claims in respect of death or injury to any person or loss or damage to any property which may arise out of or in consequence of the execution and completion of works and remedying defects therein and against all claims, proceedings, damages, costs charges and expenses whatsoever in respect thereof or in relation thereto. 6.3 The Licensee hereby undertakes that DMRC shall not be liable for or in respect of any damages or compensation payable to any xxxxxxx or other person in the employment of Licensee or any of his contractors/ sub-contractors/sub- Licensees. The Licensee shall indemnify and keep indemnified DMRC against all such damages and compensation; all claims proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto. 6.4 The licensee must strictly comply with all the provisions of The EPF Act 1952, The ESI Act1948, Minimum Wages Act 1948, Labour Laws & regulation in force including but not limited to the Contract Labour (Regulation & Abolition) Act- 1986 including any subsequent amendment thereof and the rules made there under as per prevalent Government orders and ensure timely payment under these Acts. Failure to comply these acts shall attract penalty as per provisions. Licensee shall indemnify DMRC Administration for any loss and damages suffered due to violation of its provision. 6.5 The Licensee hereby indemnifies DMRC against any loss, damage or liabilities arising because of any act of omission or commission on part of Licensee or on part of its personnel or in respect of non-observance of any statutory requirements or legal dues of any nature. 6.6 The Licensee hereby undertakes to discharge all statutory obligations and liabilities in connection with employment of its personnel in the said premises. Licensee hereby indemnifies DMRC against any liability arising in connection with the employment of its personnel in the said premises of Licensor. Licensee hereby undertakes to carry out police verification of its employees and submit its copy to DMRC in accordance with its extant policies. 6.7 The Licensee shall indemnify DMRC from any claims that may arise from the statutory authorities against any statutory taxes, statutory dues, local levies, etc. in connection with this License. 6.8 The Licensee shall indemnify DMRC from any serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or DMRC employees or loss to DMRC property during the currency of license agreement. 6.9 The Licensee shall be liable for and shall indemnify, protect, defend and hold harmless DMRC, DMRC‟s officers, employees and agents from and against any lossand all demands, claim (including claims, suits and causes of action and any claim and all liability, costs, expenses, settlements and judgments arising out of infringement the failure of third-party intellectual property rights), damage award, action, cause of action, cost or expense that the Province or any of Licensee to discharge its employees or agents may sustain, incur, suffer or be put obligations under this clause and 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 directionsprovisions of Applicable laws and Applicable Permits. 11.03 Without limiting the generality of Section 4.08, you must comply with, 6.10 The Licensee shall indemnify and must ensure that keep indemnified DMRC for any Subcontractors comply with, all applicable occupational health and safety laws in relation to the performance of your obligations under losses/ penalties on this Agreement, including the Workers Compensation Act in British Columbia or similar laws in other jurisdictionsaccount levied by any Judicial/ Statutory Authorities/ Courts on Licensee. 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.

Appears in 1 contract

Samples: License Agreement

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