Indemnity Consequential Damages Clause Samples
Indemnity Consequential Damages. To the fullest extent permitted by law, Customer shall release, indemnify, defend and hold harmless ▇▇▇▇▇▇ and its affiliates, and their respective directors, officers, managers, members, partners, employees, contractors of any tier, agents, representatives, successors and assigns (collectively, “▇▇▇▇▇▇ Group”) from and against any and all loss, damage, cost, expense, penalty, violation, fine, lien, award or judgment, including reasonable attorney’s fees, court costs, and other litigation expenses, arising out of or related to any claim, demand, suit or legal action or proceeding of any nature (collectively “Claim(s)”), including, without limitation, personal injury, property damage, intellectual property infringement, governmental actions, or pollution and/or contamination, alleged, made upon or against ▇▇▇▇▇▇ Group, or any of them, and caused by, or otherwise arises under or is related, directly or indirectly, to (a) Customer’s possession, use, ownership, operation, custody, maintenance, repair, delivery, handling or transportation of the Equipment or Technology (defined below), (b) any other action or omission of Customer in connection with this Contract, and/or (c) Customer’s violation of any applicable statutes, regulations, rules, codes, ordinances and orders of lawfully constituted authorities, including, without limitation, regulations promulgated by the United Sates Occupational Safety & Health Administration, as may be amended from time to time. CUSTOMER’S RELEASE, DEFENSE, INDEMNIFICATION, HOLD HARMLESS, AND LIABILITY ASSUMPTION OBLIGATIONS PROVISIONS PROVIDED FOR IN THIS CONTRACT SHALL BE APPLICABLE WHETHER OR NOT THE LIABILITIES OR CLAIMS IN QUESTION AROSE OR RESULTED SOLELY OR IN PART FROM THE GROSS, SOLE, ACTIVE, PASSIVE, CONCURRENT OR COMPARATIVE NEGLIGENCE, BREACH OF CONTRACT, STRICT LIABILITY OR OTHER FAULT OR VIOLATION OF LAW OF OR BY ANY MEMBER OF ▇▇▇▇▇▇ GROUP OR ANY OTHER RELEASED OR INDEMNIFIED PERSON OR ENTITY. CUSTOMER ACKNOWLEDGES AND AGREES THAT THIS STATEMENT COMPLIES WITH THE EXPRESS NEGLIGENCE RULE AND IS “CONSPICUOUS.”
Indemnity Consequential Damages. The Consultant shall defend, indemnify and hold the City of Camas, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City of Camas. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant’s liability hereunder shall be only to the extent of the Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement.
Indemnity Consequential Damages. The Consultant shall indemnify Client from and against any and all claims, suits, actions, judgments, demands, losses, costs, expenses, damages, and liability to the extent caused by the negligent acts, errors, or omissions of the Consultant, its officers, or employees in the performance of Services under this Agreement, however, the Consultant does not assume any risk of damages to property that is incorporated in, or shall be incorporated in, or is located at the Project site which is not within the possession of the Consultant or under the Consultant’s direction or control. To the fullest extent permitted by law, neither party shall be liable to the other, for any consequential, incidental, special, exemplary, or indirect damages whatsoever and however caused and on any theory of liability arising from the Services provided hereunder including but not limited to claims for loss of profits or revenue.
Indemnity Consequential Damages