Common use of Indemnity and Waiver Clause in Contracts

Indemnity and Waiver. Except to the extent of CP's own negligence, Contractor shall be liable to CP for, and shall indemnify, defend, and save harmless CP from and against, any and all Claims (including legal fees and associated expenses) suffered or incurred by CP that arise out of or result from any act or omission under this Purchase Order, or any breach of this Purchase Order, by the Contractor, or its subcontractors, including without limitation: a. those resulting from any action, suit or proceeding brought by any third party; b. those brought or executed in respect of bodily injury (including injury resulting in death) or damage or destruction of property, including CP's property; c. those made under workers' compensation legislation; d. those legal costs and fines resulting from the failure of Contractor to comply with any applicable laws, regulations, by-laws, rules or orders of any government, authority or body having jurisdiction; e. those arising from Product defects and related loss or damage; f. those resulting from the release, discharge, seepage or other escape of any substance including chemicals, hazardous or toxic materials, substances, pollutants, contaminants or wastes, whether liquid, gaseous, micro-organic, or of any other nature, which are attributable to Contractor's performance of its obligations in this Purchase Order; and g. those brought for actual, alleged, direct or contributory infringement of any patent, trade mark, copyright or industrial property right. Except to the extent of CP's own negligence, Contractor shall make no claim or demand against CP for any injury (including death), claim, expense, loss or damage to property suffered or sustained by Contractor or any other person which arises out of or is connected with this Purchase Order or anything done or not done as required hereunder, or any other errors or omissions of Contractor, and hereby waives as against CP all such claims and demands. The onus of establishing that CP was negligent, and the relative extent of that negligence, shall be upon Contractor. CP shall not be deemed to have caused or contributed to a Claim merely by reason of its knowledge, approval or acceptance of the Product, materials, shop drawings, specifications, supplies, equipment, or procedures of Contractor. For the purposes of this Section, any reference to "CP" shall include CP and its affiliates, together with the directors, officers, employees, representatives and agents of CP and its affiliates; and any reference to "Contractor" shall include Contractor's directors, officers, employees, affiliates, representatives, and agents. For the purposes of this Section, "Claims" means any and all claims, suits, demands, awards, actions, proceedings, losses, costs, damages, or expenses. This Section shall not be replaced or modified by any terms contained elsewhere in this Purchase Order, including any schedules attached hereto. This Section shall survive the expiration or termination of this Purchase Order and shall in no manner limit or restrict the liabilities and obligations of Contractor in this Purchase Order.

Indemnity and Waiver. Except to the extent of CP's own negligence, Contractor shall be liable to CP for, and shall indemnify, defend, and save harmless CP from and against, any and all Claims (including legal fees costs on a solicitor and associated expensesown client basis) suffered or incurred by CP that arise out of or result from any act or omission under this Purchase Order, or any breach of this Purchase Order, by the Contractor, or its subcontractors, including without limitation: a. a) those resulting from any action, suit or proceeding brought by any third party; b. b) those brought or executed in respect of bodily injury (including injury resulting in death) or damage or destruction of property, including CP's property; c. c) those made under workers' compensation legislation; d. d) those legal costs and fines resulting from the failure of Contractor to comply with any applicable laws, regulations, by-laws, rules or orders of any government, authority or body having jurisdiction; e. e) those arising from Product defects and related loss or damage; f. f) those resulting from the release, discharge, seepage or other escape of any substance including chemicals, hazardous or toxic materials, substances, pollutants, contaminants or wastes, whether liquid, gaseous, micro-organic, or of any other nature, which are attributable to Contractor's performance of its obligations in this Purchase Order; and g. g) those brought for actual, alleged, direct or contributory infringement of any patent, trade mark, copyright or industrial property right. Except to the extent of CP's own negligence, Contractor shall make no claim or demand against CP for any injury (including death), claim, expense, loss or damage to property suffered or sustained by Contractor or any other person which arises out of or is connected with this Purchase Order or anything done or not done as required hereunder, or any other errors or omissions of Contractor, and hereby waives as against CP all such claims and demands. The onus of establishing that CP was negligent, and the relative extent of that negligence, shall be upon Contractor. CP shall not be deemed to have caused or contributed to a Claim merely by reason of its knowledge, approval or acceptance of the Product, materials, shop drawings, specifications, supplies, equipment, or procedures of Contractor. For the purposes of this Section, any reference to "CP" shall include CP and its affiliates, together with the directors, officers, employees, representatives and agents of CP and its affiliates; and any reference to "Contractor" shall include Contractor's directors, officers, employees, affiliates, representatives, and agents. For the purposes of this Section, "Claims" means any and all claims, suits, demands, awards, actions, proceedings, losses, costs, damages, or expenses. This Section shall not be replaced or modified by any terms contained elsewhere in this Purchase Order, including any schedules attached hereto. This Section shall survive the expiration or termination of this Purchase Order and shall in no manner limit or restrict the liabilities and obligations of Contractor in this Purchase Order.

Indemnity and Waiver. Except to the extent of CP's own negligence, Contractor shall be liable to CP for, and shall indemnify, defend, and save harmless CP from and against, any and all Claims (including legal fees and associated expenses) suffered or incurred by CP that arise out of or result from any act or omission under this Purchase Order, or any breach of this Purchase Order, by the Contractor, or its subcontractors, including without limitation:, a. those resulting from any action, suit or proceeding brought by any third party; b. those brought or executed in respect of bodily injury (including injury resulting in death) or damage or destruction of property, including CP's property; c. those made under workers' compensation legislation; d. those legal costs and fines resulting from the failure of Contractor to comply with any applicable laws, regulations, by-laws, rules or orders of any government, authority or body having jurisdiction; e. those arising from Product defects and related loss or damage; f. those resulting from the release, discharge, seepage or other escape of any substance including chemicals, hazardous or toxic materials, substances, pollutants, contaminants or wastes, whether liquid, gaseous, micro-organic, or of any other nature, which are attributable to Contractor's performance of its obligations in this Purchase Order; and g. those brought for actual, alleged, direct or contributory infringement of any patent, trade mark, copyright or industrial property right. Except to the extent of CP's own negligence, Contractor shall make no claim or demand against CP for any injury (including death), claim, expense, loss or damage to property suffered or sustained by Contractor or any other person which arises out of or is connected with this Purchase Order or anything done or not done as required hereunder, or any other errors or omissions of Contractor, and hereby waives as against CP all such claims and demands. The onus of establishing that CP was negligent, and the relative extent of that negligence, shall be upon Contractor. CP shall not be deemed to have caused or contributed to a Claim merely by reason of its knowledge, approval or acceptance of the Product, materials, shop drawings, specifications, supplies, equipment, or procedures of Contractor. For the purposes of this Section, any reference to "CP" shall include CP and its affiliates, together with the directors, officers, employees, representatives and agents of CP and its affiliates; and any reference to "Contractor" shall include Contractor's directors, officers, employees, affiliates, representatives, and agents. For the purposes of this Section, "Claims" means any and all claims, suits, demands, awards, actions, proceedings, losses, costs, damages, or expenses. This Section shall not be replaced or modified by any terms contained elsewhere in this Purchase Order, including any schedules attached hereto. This Section shall survive the expiration or termination of this Purchase Order and shall in no manner limit or restrict the liabilities and obligations of Contractor in this Purchase Order.

Indemnity and Waiver. Except to the extent of CP's own negligence, Contractor shall be liable to CP for, and shall indemnify, defend, and save harmless CP from and against, any and all Claims (including legal fees and associated expenses) suffered or incurred by CP that arise out of or result from any act or omission under this Purchase Order, or any breach of this Purchase Order, by the Contractor, or its subcontractors, including without limitation: a. those resulting from any action, suit or proceeding brought by any third party; b. those brought or executed in respect of bodily injury (including injury resulting in death) or damage or destruction of property, including CP's property; c. those made under workers' compensation legislation; d. those legal costs and fines resulting from the failure of Contractor to comply with any applicable laws, regulations, by-laws, rules or orders of any government, authority or body having jurisdiction; e. those arising from Product defects and related loss or damage; f. those resulting from the release, discharge, seepage or other escape of any substance including chemicals, hazardous or toxic materials, substances, pollutants, contaminants or wastes, whether liquid, gaseous, micro-organic, or of any other nature, which are attributable to Contractor's performance of its obligations in this Purchase Order; and g. those brought for actual, alleged, direct or contributory infringement of any patent, trade mark, copyright or industrial property right. Except to the extent of CP's own negligence, Contractor shall make no claim or demand against CP for any injury (including death), claim, expense, loss or damage to property suffered or sustained by Contractor or any other person which arises out of or is connected with this Purchase Order or anything done or not done as required hereunder, or any other errors or omissions of Contractor, and hereby waives as against CP all such claims and demands. The onus of establishing that CP was negligent, and the relative extent of that negligence, shall be upon Contractor. CP shall not be deemed to have caused or contributed to a Claim merely by reason of its knowledge, approval or acceptance of the Product, materials, shop drawings, specifications, supplies, equipment, or procedures of Contractor. For the purposes of this Section, any reference to "CP" shall include CP and its affiliates, together with the directors, officers, employees, representatives and agents of CP and its affiliates; and any reference to "Contractor" shall include Contractor's directors, officers, employees, affiliates, representatives, and agents. For the purposes of this Section, "Claims" means any and all claims, suits, demands, awards, actions, proceedings, losses, costs, damages, or expenses. This Section shall not be replaced or modified by any terms contained elsewhere in this Purchase Order, including any schedules attached hereto. This Section shall survive the expiration or termination of this Purchase Order and shall in no manner limit or restrict the liabilities and obligations of Contractor in this Purchase Order.