Indemnity by Operator. The Operator shall have full responsibility for the care of its Clients and will indemnify and save harmless AHS, its officers, directors, employees, agents, volunteers and consultants (collectively and individually, the “Indemnified”) against any claims, actions, suits, proceedings or demands whatsoever (any or all of the foregoing hereinafter, the “Losses”), insofar as such Losses arise out of or are based upon the actions, inactions or negligence of the Operator, its Staff, including any Physician or other health care provider engaged in the provision of the Services in the Facility. This indemnity shall survive the expiry or termination of this Agreement.
Indemnity by Operator. Subject to Clause 15.3, the Operator is solely liable for and releases, indemnifies and will keep indemnified QR Network, its directors and QR Network’s Staff against all Claims of any nature suffered or incurred by or made or brought against QR Network, its directors or QR Network’s Staff due to or arising out of this Agreement in respect of any loss of or damage to or destruction of real or personal property (including property of QR Network) or personal injury to or death of any person in each case caused by or (to the extent of the contribution) contributed to by the wilful default or any deliberate or negligent act or omission of the Operator.
Indemnity by Operator. Subject to Clause 15.3, the Operator is solely liable for and releases, indemnifies and will keep indemnified Aurizon Network, its directors and Aurizon Network’s Staff against all Claims of any nature suffered or incurred by or made or brought against Aurizon Network, its directors or Aurizon Network’s Staff due to or arising out of this Agreement in respect of any loss of or damage to or destruction of real or personal property (including property of Aurizon Network) or personal injury to or death of any person in each case caused by or (to the extent of the contribution) contributed to by the wilful default or any deliberate or negligent act or omission of the Operator.
Indemnity by Operator. The Operator shall have full responsibility for the care of its patients and will indemnify and save harmless the Region, its officers, directors, members, employees and agents with respect to any claims, actions, suits, proceedings or demands whatsoever that may be brought against it or them or any of them with respect to Services provided by the Operator to its patients.
Indemnity by Operator. (a) Subject to clause 21.3(b), the Operator indemnifies the Principal against any Claim or Loss sustained by the Principal arising out of any act or omission of the Operator in breach of this Agreement, that causes the Principal to be in breach of, or gives rise to any Loss sustained by the Principal in connection with any Statutory Requirement, including with respect to any of its obligations as the Coordinator.
(b) The indemnity in clause 21.3(a) will be reduced proportionally to the extent to which the Claim or Loss was caused or contributed to by an act or omission of the Principal.
Indemnity by Operator. Operator shall fully indemnify, save harmless and defend Owner, Lenders, each of their subsidiaries and Affiliates, and the directors, officers, shareholders, agents, employees, successors and assigns of each of them (the "Owner Indemnified Parties"), from and against any and all liability arising from third party claims, suits, losses, costs, damages, injuries, liabilities, Operation and Maintenance Agreement - Ormesa Plants demands, penalties, interest and causes of action, including without limitation reasonable attorney's fees, (collectively, the "Damages"), arising out of, resulting from, or related to this Agreement, including without limitation any damage to or destruction of property, or death of or bodily injury to, any person (whether they are employees of the Owner Indemnified Parties, Operator or any subcontractor, or are persons unaffiliated with the Plants and/or Xxxxx) to the extent caused by Operator's gross negligence or willful misconduct, if the claim or cause of action has arisen prior to the termination, expiration or completion of this Agreement or within 3 (three) years thereafter. It is expressly agreed that where the Owner Indemnified Parties are contributorily negligent, such contributory negligence will not preclude recovery under the preceding sentence, but Operator's indemnity will not include Damages to the extent caused by such contributory negligence. Operator's aforesaid indemnity is for the exclusive benefit of the Owner Indemnified Parties and in no event shall inure to the benefit of any other party.
Indemnity by Operator. (a) The Operator assumes and shall --------------------- be fully responsible for all liabilities attributable in any way to the Allocated Assets, or to operations on or over the Allocated Assets, except for (i) Retained Liabilities and any other liabilities with respect to which it is the responsibility of any Person other than the Operator under the terms of the Transaction Agreement and the Ancillary Agreements to indemnify the Owner, and (ii) liabilities that arise prior to the Closing Date referred to in Section 2.8(b)(i) or Section 2.8(c) of the Transaction Agreement; provided, that for the purposes of this Section 11.1(a), the term "Ancillary Agreements" as used in the parenthetical included in Sections 2.8(b) and 2.8(c) of the Transaction Agreement shall be deemed not to include this Agreement. To that end, the Operator agrees to and shall protect, indemnify and hold wholly harmless the Owner and its directors, officers, employees and agents (each an "Owner Indemnified Person") from and against any Damages arising from or attributable to the liabilities assumed by the Operator under the first sentence of this Section 11.1(a).
(b) Upon payment in full of any indemnity pursuant to this Section 11.1, the Operator shall, to the extent of such payment and so long as no Event of Default shall have occurred and be continuing, be subrogated to any rights of the Owner Indemnified Person in respect of the matter against which such indemnity was given (other than with respect to any insurance policies carried by such Owner Indemnified Person).
Indemnity by Operator. Operator agrees to indemnify, hold harmless, and defend City and it officers and employees from and against losses of every kind and character (including, but not limited to, liabilities, causes of action, losses, claims, costs, fees, attorney fees, expert fees, court or dispute resolution costs, investigation costs, environmental claims, mitigation costs, judgments, settlements, fines, demands, damages, charges, and expenses) that arise out of or relate to: (i) this Agreement; (ii) any use, occupancy, or operations at the Premises or the Airport by Operator or Operator’s Associates; or (iii) any wrongful, reckless, or negligent act or omission of Operator or Operator's Associates. Operator shall use attorneys, experts, and professionals that are reasonably acceptable to City in carrying out this obligation. This obligation does not require Operator to indemnify City and its officers and employees against losses (as defined above) that arise solely from the negligent acts or omissions of City and its officers and employees. The obligation stated in this Section 6.A shall survive the expiration or other termination of this Agreement with respect to matters arising before such expiration or other termination. These duties shall apply whether or not the allegations made are found to be true.
Indemnity by Operator. Operator shall defend, indemnify, protect and hold Owner harmless from and against all liabilities, costs, expenses, obligations, losses, damages, claims, (collectively "Claims") resulting from the negligence, willful misconduct, or breach of this Agreement by Operator, its agents, contractors or employees, invitees, licensees and permittees; provided, however, that such Claims are not due to the sole negligence, willful misconduct, or breach by Owner, its agents, contractors or employees, invitees, licensees or permittees.
Indemnity by Operator. Operator shall indemnify, defend and hold Owner and its Affiliates and their respective directors, officers, employees, agents and assigns (collectively the “Owner Indemnified Parties”) harmless for, from and against any and all third-party liabilities, claims, demands, actions, causes of action, judgments, orders, damages, costs, expenses, and losses (including reasonable attorney’s fees and costs) which Owner Indemnified Parties might incur, become responsible for, or pay out for any reason, directly or indirectly arising out of, relating to or resulting from this Agreement, to the extent caused by Operator’s Grossly Negligent or Willful Acts.
