Common use of Indemnity/Hold Harmless Clause in Contracts

Indemnity/Hold Harmless. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD BIG COUNTRY EQUIPMENT RENTAL AND SALES, AND ANY OF ITS RESPECTIVE OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES, AND AFFILIATES, PARENTS AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE OPERATION, USE, POSSESSION OR RENTAL OF THE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST BIG COUNTRY EQUIPMENT RENTAL AND SALES BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY BIG COUNTRY EQUIPMENT RENTAL AND SALES FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BIG COUNTRY EQUIPMENT RENTAL AND SALES. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE RENTAL AGREEMENT.

Indemnity/Hold Harmless. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD BIG COUNTRY EQUIPMENT RENTAL AND SALESTAC, AND ANY OF ITS RESPECTIVE OFFICERS, AGENTS, SERVANTS, SERVANTS OR EMPLOYEES, AND AFFILIATES, PARENTS AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ LEGAL FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE OPERATION, USE, POSSESSION OR RENTAL OF THE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST BIG COUNTRY EQUIPMENT RENTAL AND SALES TAC BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY BIG COUNTRY EQUIPMENT RENTAL AND SALES TAC FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE GROSS NEGLIGENCE OF BIG COUNTRY EQUIPMENT RENTAL AND SALESTAC. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE RENTAL AGREEMENT.

Indemnity/Hold Harmless. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, CUSTOMER AGREES YOU: (A) ASSUME ALL RISK OF PERSONAL INJURY, LOSS, PROPERTY DAMAGE, DESTRUCTION AND ENVIRONMENTAL CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, ALL ITEM(S) AND SERVICE(S) REFERENCED HEREIN, INCLUDING WITHOUT LIMITATION, ANY AND ALL LIABILITIES, CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, USE, DELIVERY, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, STORAGE, MAINTENANCE, REPAIR AND/OR RETAKING OF ANY SUCH ITEM(S) OR SERVICE(S), WHETHER OR NOT YOUR FAULT; AND (B) YOU HEREBY RELEASE AND DISCHARGE NTR AND ALL OWNER(S) FROM AND AGREE TO INDEMNIFY, DEFEND AND HOLD BIG COUNTRY EQUIPMENT RENTAL HARMLESS NTR AND SALESSUCH OWNER(S), AND ANY OF ITS THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SERVANTS, OR EMPLOYEES, OWNERS, REPRESENTATIVES, INSURERS, SUBROGEES, SUCCESSORS AND AFFILIATESASSIGNS, PARENTS AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITYLIABILITIES, CLAIMS, LOSSDAMAGES, DAMAGE OR LOSSES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT FROM OR ASSOCIATED WITH ANY AND/OR ALL OF SUCH ITEM(S) AND/OR RELATED TO THE OPERATIONSERVICES. Additionally, USEyou hereby waive any and all rights and remedies available under the Uniform Commercial Code as adopted in Georgia, POSSESSION OR RENTAL OF THE EQUIPMENTas well as all incidental, consequential, special, and punitive damages, against NTR and each Owner. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST BIG COUNTRY EQUIPMENT RENTAL AND SALES BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY BIG COUNTRY EQUIPMENT RENTAL AND SALES FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BIG COUNTRY EQUIPMENT RENTAL AND SALES. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE RENTAL AGREEMENTYour duties hereunder are UNCONDITIONAL.

Indemnity/Hold Harmless. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD BIG COUNTRY EQUIPMENT RENTAL AND SALESOPIFEX, AND ANY OF ITS RESPECTIVE OFFICERSRESPECTIVEOFFICERS, AGENTS, SERVANTS, OR EMPLOYEES, AND AFFILIATES, PARENTS AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL ANYANDALL LIABILITY, CLAIMS, LOSS, DAMAGE OR DAMAGEOR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY BODILYINJURY, OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE OPERATION, USE, POSSESSION OR RENTAL OF THE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST BIG COUNTRY EQUIPMENT RENTAL AND SALES OPIFEX BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY BIG COUNTRY EQUIPMENT RENTAL AND SALES OPIFEX FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BIG COUNTRY EQUIPMENT RENTAL AND SALESOPIFEX. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO FOREGOINGOBLIGATIONTO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR ORDIMINISHED BYANYSTATUTORYOR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE RENTAL AGREEMENTCONTRACT.

Indemnity/Hold Harmless. A. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD BIG COUNTRY EQUIPMENT RENTAL AND SALESRentX, AND ANY ALL OF ITS RESPECTIVE OFFICERS, AGENTS, SERVANTS, SERVANTS OR EMPLOYEES, AND AFFILIATES, PARENTS AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ LEGAL FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE (A) INSTALLATION, OPERATION, USE, ALTERATION, MODIFICATION, REMOVAL, POSSESSION OR RENTAL OF THE EQUIPMENT, OR (B) ERRORS, OMISSIONS, INACCURACIES OR MISREPRESENTATIONS (WHETHER INTENTIONAL OR INADVERTENT) IN THE DOCUMENTS OR OTHER INFORMATION PROVIDED BY CUSTOMER, OR OBTAINED FROM OTHERS (INCLUDING ANY THIRD-PARTY DOCUMENTS OR DOCUMENTATION), UPON WHICH RENTX RELIES WHEN PROVIDING THE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST BIG COUNTRY EQUIPMENT RENTAL AND SALES RENTX BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY BIG COUNTRY EQUIPMENT RENTAL AND SALES RENTX FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BIG COUNTRY EQUIPMENT RENTAL AND SALESRENTX. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE RENTAL AGREEMENT.

Indemnity/Hold Harmless. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, CUSTOMER AGREES YOU HEREBY: (A) ASSUME ALL RISK OF PERSONAL AND BODILY INJURY, ILLNESS, PRODUCTS LIA- BILITY, LOSS, THEFT, DAMAGE AND CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH THE ITEM(S) AND SERVICE(S) REFERENCED IN THIS CONTRACT, INCLUDING WITHOUT LIMITATION, ALL LIABILITIES, CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, USE, LOADING, UNLOADING, CLEANING, TRANSPORTATION, DEMONSTRATION, STORAGE, SERVICING, MAINTENANCE, REPAIR, DELIVERY AND/OR RETRIEVAL THEREOF, WHETHER OR NOT YOUR FAULT (“RISKS”); (B) RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD BIG COUNTRY EQUIPMENT RENTAL AND SALESHARMLESS, AND ANY OF ITS RESPECTIVE OFFICERSTORO, AGENTSeach TPO, SERVANTStheir respective parents, OR EMPLOYEESaffiliates and subsidiaries, AND AFFILIATESand their respective owners, PARENTS AND SUBSIDIARIESshareholders, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITYmembers, CLAIMSmanagers, LOSSofficers, DAMAGE OR COSTS directors, agents, employees, insurers, representatives, subrogees, successors and assigns (INCLUDINGeach, BUT NOT LIMITED TOan “Indemnitee”), ATTORNEYSfor, from and against: (i) all such RISKS; and (ii) all other liabilities, claims, damages, losses, costs and expenses (including without limitation, attorneys’ FEESfees) arising from or in connection with the Item(s), LOSS OF PROFITthis Contract, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGESour negligence, DAMAGES RELATING TO PROPERTY DAMAGEand/or any breach hereof by you, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATHyour agents, employees, successors or assigns; and (C) ARISING OUT OF OR RELATED TO THE OPERATIONWAIVE all rights, USEremedies, POSSESSION OR RENTAL OF THE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST BIG COUNTRY EQUIPMENT RENTAL AND SALES BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVERclaims, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY BIG COUNTRY EQUIPMENT RENTAL AND SALES FOR THAT PART OF ANY LOSSdamages and defenses available under the Uniform Commercial Code, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BIG COUNTRY EQUIPMENT RENTAL AND SALES. IN FURTHERANCE OFas well as all direct, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENTindirect, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE RENTAL AGREEMENTincidental, consequential, general, special, exemplary and punitive damages, against each Indemnitee.

Indemnity/Hold Harmless. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, CUSTOMER AGREES YOU: (A) ASSUME ALL RISK OF PERSONAL AND BODILY INJURY, LOSS, PROPERTY DAMAGE, DESTRUCTION AND CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, ALL RENTED ITEM(S) AND SERVICE(S) REFERENCED HEREIN, INCLUDING WITHOUT LIMITATION, ALL LIABILITIES, CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, USE, LOADING, UNLOADING, TRANSPORTATION, INSTALLATION, STORAGE, SERVICING, MAINTENANCE, REPAIR AND/OR RETAKING OF THE SAME, WHETHER OR NOT YOUR FAULT; (B) RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD BIG COUNTRY EQUIPMENT RENTAL HARMLESS, LPPR AND SALESEACH TPO, AND ANY OF ITS THEIR RESPECTIVE MANAGERS, OFFICERS, DIRECTORS, AGENTS, SERVANTS, OR EMPLOYEES, OWNERS, INSURERS, SUBROGEES, REPRESENTATIVES, SUCCESSORS AND AFFILIATESASSIGNS (EACH, PARENTS AND SUBSIDIARIESAN “INDEMNITEE”), HARMLESS FOR, FROM AND AGAINST ANY AND ALL LIABILITYINJURIES, LIABILITIES, CLAIMS, LOSSDAMAGES, DAMAGE OR LOSSES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT FROM OR ASSOCIATED WITH ANY AND/OR ALL OF SUCH ITEM(S) AND/OR RELATED TO THE OPERATIONSERVICES (as well as any breach of this Contract by you or any guarantor); and (c) WAIVE all rights and remedies available under the Uniform Commercial Code, USEas well as all incidental, POSSESSION OR RENTAL OF THE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST BIG COUNTRY EQUIPMENT RENTAL AND SALES BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVERconsequential, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY BIG COUNTRY EQUIPMENT RENTAL AND SALES FOR THAT PART OF ANY LOSSspecial, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BIG COUNTRY EQUIPMENT RENTAL AND SALES. IN FURTHERANCE OFexemplary and punitive damages, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE RENTAL AGREEMENTagainst each Indemnitee.

Indemnity/Hold Harmless. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD BIG COUNTRY EQUIPMENT RENTAL AND SALESSAVANT, AND ANY OF ITS RESPECTIVE OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES, AND AFFILIATES, PARENTS AND SUBSIDIARIES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ ATTORNEYS FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY INJURY, OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE CUSTOMER’S TRANSPORTATION, OPERATION, USE, POSSESSION OR RENTAL OF THE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST BIG COUNTRY EQUIPMENT RENTAL AND SALES SAVANT BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY BIG COUNTRY EQUIPMENT RENTAL AND SALES SAVANT FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BIG COUNTRY EQUIPMENT RENTAL AND SALESSAVANT. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS RENTAL AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE RENTAL AGREEMENTCONTRACT.

Indemnity/Hold Harmless. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD BIG COUNTRY EQUIPMENT RENTAL AND SALESXxXXXX, AND ANY OF ITS RESPECTIVE OFFICERS, AGENTS, SERVANTS, SERVANTS OR EMPLOYEES, AND AFFILIATES, PARENTS AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ LEGAL FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE OPERATION, USE, POSSESSION OR RENTAL OF THE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST BIG COUNTRY EQUIPMENT RENTAL AND SALES XxXXXX BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY BIG COUNTRY EQUIPMENT RENTAL AND SALES XxXXXX FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BIG COUNTRY EQUIPMENT RENTAL AND SALESXxXXXX. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE RENTAL AGREEMENT.

Indemnity/Hold Harmless. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD BIG COUNTRY EQUIPMENT RENTAL AND SALESUNITED, AND ANY OF ITS RESPECTIVE OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES, AND AFFILIATES, PARENTS AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY INJURY, OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE OPERATION, USE, POSSESSION OR RENTAL OF THE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST BIG COUNTRY EQUIPMENT RENTAL AND SALES UNITED BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY BIG COUNTRY EQUIPMENT RENTAL AND SALES UNITED FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BIG COUNTRY EQUIPMENT RENTAL AND SALESUNITED. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE RENTAL AGREEMENTCONTRACT.

Indemnity/Hold Harmless. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, CUSTOMER AGREES YOU HEREBY: (A) ASSUME ALL RISK OF INJURY, LOSS, DAMAGE, DESTRUCTION AND ENVIRONMENTAL CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, THE ITEM(S) AND SERVICE(S) REFERENCED IN THIS CONTRACT, INCLUDING WITHOUT LIMITATION, ALL LIABILITIES, CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, USE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, STORAGE, SERVICING, MAINTENANCE, REPAIR AND/OR RETRIEVAL THEREOF; (B) RELEASE AND DISCHARGE C&E AND EACH TPO FROM AND AGREE TO INDEMNIFY, DEFEND AND HOLD BIG COUNTRY EQUIPMENT RENTAL HARMLESS C&E AND SALESEACH SUCH TPO, AND ANY OF ITS THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, DIRECTORS, AGENTS, SERVANTS, OR EMPLOYEES, INSURERS, REPRESENTATIVES, SUBROGEES, SUCCESSORS AND AFFILIATESASSIGNS, PARENTS AND SUBSIDIARIESFOR, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITYLIABILITIES, CLAIMS, LOSSDAMAGES, DAMAGE OR LOSSES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT FROM OR ASSOCIATED WITH ANY AND/OR ALL OF SUCH ITEM(S) AND/OR RELATED TO SERVICES (INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM YOUR BREACH OF THIS CONTRACT, AND/OR THE OPERATION, USE, POSSESSION NEGLIGENCE OR RENTAL OF THE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST BIG COUNTRY EQUIPMENT RENTAL AND SALES BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY BIG COUNTRY EQUIPMENT RENTAL AND SALES FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE CLAIMED NEGLIGENCE OF BIG COUNTRY EQUIPMENT RENTAL C&E); AND SALES. IN FURTHERANCE OF(C) waive all rights, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENTclaims and damages arising under the Uniform Commercial Code, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE RENTAL AGREEMENTas well as all incidental, consequential, special, exemplary and punitive damages against C&E and each TPO.

Indemnity/Hold Harmless. TO THE FULLEST EXTENT PERMITTED EXCEPT FOR LOSS, CLAIMS AND EXPENSE SOLELY CAUSED BY LAWLANDLORD’S NEGLIGENCE OR MISCONDUCT, CUSTOMER TENANT HEREBY AGREES TO INDEMNIFY, DEFEND PROTECT, DEFEND, AND HOLD BIG COUNTRY EQUIPMENT RENTAL HARMLESS LANDLORD AND SALESITS SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS (INCLUDING LANDLORD’S BUILDING MANAGER), DIRECTORS, ASSIGNS, MEMBERS AND MANAGERS, FROM AND AGAINST ALL LOSS, CLAIMS, DAMAGES AND EXPENSES, INCLUDING WITHOUT LIMITATION ANY OF ITS RESPECTIVE OFFICERSLOSS OR DAMAGE ATTRIBUTABLE IN WHOLE OR IN PART TO TENANT OR TENANT’S EMPLOYEES, SERVANTS, AGENTS, SERVANTSCONTRACTORS, LICENSEES OR INVITEES, BECAUSE OF DAMAGE TO, LOSS OR DESTRUCTION OF PROPERTY, INCLUDING LOSS OF USE THEREOF, AND OR BECAUSE OF BODILY INJURY, SICKNESS OR DISEASE, OR EMPLOYEESDEATH SUSTAINED BY ANY PERSON, AND AFFILIATESINCLUDING WORKER’S OCCUPATIONAL DISEASE, PARENTS AND SUBSIDIARIESSCAFFOLDING, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITYSTRUCTURAL REGULATIONS TO THE EMPLOYMENT, CLAIMSHEALTH, LOSSSAFETY, DAMAGE OR COSTS (INCLUDINGWORKING CONDITIONS OF WORKMEN, BUT NOT LIMITED TO, ATTORNEYS’ FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED RELATING TO THE OPERATIONPERFORMANCE OF WORK BY TENANT, USEITS CONTRACTORS OR SUBCONTRACTORS; ARISING OUT OF OR RELATING TO FAILURE, POSSESSION MALFUNCTION, INSTALLATION, REPAIR OR RENTAL SERVICE OF ANY EQUIPMENT OR SERVICES FOR WHATEVER REASON OR CAUSE, INCLUDING THE EQUIPMENTLOSS OR INTERRUPTION OF DATA, VOICE, AND OTHER KINDS OF TRANSMISSIONS OF TENANT AND TENANT’S CUSTOMERS AND INCLUDING, IN ALL INSTANCES, INDIRECT OR CONSEQUENTIAL DAMAGES AND REASONABLE ATTORNEY’S FEES. THE INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS DESCRIBED IN THIS INDEMNITY PROVISION ALSO APPLIES ARTICLE AND IN OTHER PROVISIONS OF THIS LEASE SHALL SURVIVE THE TERMINATION OF THIS LEASE. IN NO EVENT SHALL LANDLORD BE LIABLE TO TENANT FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES REGARDLESS OF CAUSATION. WITH RESPECT TO TORT CLAIMS ASSERTED AGAINST BIG COUNTRY EQUIPMENT RENTAL AND SALES BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVERLANDLORD, CUSTOMER LANDLORD SHALL NOT BE OBLIGATED LIABLE TO INDEMNIFY BIG COUNTRY EQUIPMENT RENTAL TENANT OR TO ANY OTHER PERSON FOR ANY ACT OR OMISSION OF LANDLORD OR OF ITS AGENTS OR EMPLOYEES, NEGLIGENT OR OTHERWISE, EXCEPT FOR ACTUAL DAMAGES OR COSTS INCURRED AS A DIRECT RESULT OF AND SALES FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED DIRECTLY AND SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BIG COUNTRY EQUIPMENT RENTAL LANDLORD (OR OF LANDLORD’S AGENTS OR EMPLOYEES) IN CIRCUMSTANCES IN WHICH LANDLORD IS DEEMED TO BE LIABLE AT LAW FOR SUCH ACTS OR OMISSIONS AND SALESSUCH LIABILITY CANNOT BE WAIVED BY TENANT. NOTHING CONTAINED IN FURTHERANCE OFTHE IMMEDIATELY PRECEDING SENTENCE SHALL EVER BE CONSTRUED AS CREATING LIABILITY IN EXCESS OF THAT EXISTING AT LAW OR, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED EVENT, INCREASING THE LIABILITY OF LANDLORD, UNDER ANY THEORY OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION CAUSE OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS ACTION, HOWEVER DENOMINATED, FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE RENTAL AGREEMENTTHAT EXISTING AT LAW.