Common use of Indemnity Obligation Clause in Contracts

Indemnity Obligation. Except as otherwise expressly limited in this Contract, it is the Intent of parties hereto that all releases, indemnity obligations and/or liabilities assumed by such parties under terms of this Contract, including, without limitation, Subparagraphs 4.9 and 6.3(c), Paragraphs 10 and 12, and Subparagraphs 14.1 through 14.12 hereof, be without limit and without regard to the cause or causes thereof, including, but not limited to, pre-existing conditions, defect or ruin of premises or equipment, strict liability, regulatory or statutory liability, products liability, breach of representation or warranty (express or implied), breach of duty (whether statutory, contractual or otherwise) any theory of fort, breach of contract, fault, the negligence of any degree or character (regardless of whether such negligence is sole, joint or concurrent, active, passive or gross) of any party or parties, including the party seeking the benefit of the release, indemnity or assumption of liability, or any other theory of legal liability. The indemnities, and releases and assumptions of liability extended by the parties hereto under the provisions of Subparagraphs 4.9 and 6.3 and Paragraphs 10,12 and 14 shall inure to the benefit of such parties, their co-venturers, co-lessees, joint owners, their parent, holding and affiliated companies and the officers, directors, stockholders, partners, managers, representatives, employees, consultants, agents, servants and Insurers of each. Except as otherwise provided herein, such indemnification and assumptions of liability shall not be deemed to create any rights to indemnification in any person or entity not a party to this Contract, either as a third party beneficiary or by reason of any agreement of indemnity between one of the parties hereto and another person or entity not a party to this Contract.

Appears in 3 contracts

Samples: Agreement for Purchase of Term Assignment (Pedevco Corp), Agreement for Purchase of Term Assignment (Pedevco Corp), Agreement for Purchase of Term Assignment (Pedevco Corp)

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Indemnity Obligation. Except as otherwise expressly limited in this Contract, it is the Intent intent of parties hereto that all releases, indemnity obligations and/or liabilities assumed by such parties under terms of this Contract, including, without limitation, Subparagraphs 4.9 and 6.3(c), Paragraphs 10 and 12, and Subparagraphs 14.1 through 14.12 hereof, be without limit and without regard to the cause or causes thereof, including, but not limited to, pre-existing conditions, defect or ruin of premises or equipment, strict liability, regulatory or statutory liability, products liability, breach of representation or warranty (express or implied), breach of duty (whether statutory, contractual or otherwise) any theory of forttort, breach of contract, fault, the negligence of any degree or character (regardless of whether such negligence is sole, joint Joint or concurrent, active, passive or gross) of any party or parties, including the party seeking the benefit of the release, indemnity or assumption of liability, or any other theory of legal liability. The indemnities, and releases and assumptions of liability extended by the parties hereto under the provisions of Subparagraphs 4.9 and 6.3 and Paragraphs 10,12 10, 12 and 14 shall inure to the benefit of such parties, their co-venturers, co-lessees, joint owners, their parent, holding and affiliated companies and the officers, directors, stockholders, partners, managers, representatives, employees, consultants, agents, servants and Insurers insurers of each. Except as otherwise provided herein, such indemnification and assumptions of liability shall not be deemed to create any rights to indemnification in any person or entity not a party to this Contract, either as a third party beneficiary or by reason of any agreement of indemnity between one of the parties hereto and another person or entity not a party to this Contract.

Appears in 3 contracts

Samples: Master Drilling Agreement (Mammoth Energy Services, Inc.), Master Drilling Agreement (Mammoth Energy Partners LP), Master Drilling Agreement (Mammoth Energy Partners LP)

Indemnity Obligation. Except as otherwise expressly limited in this Contract, it is the Intent intent of parties hereto that all releases, indemnity obligations and/or liabilities assumed by such parties under terms of this Contract, including, without limitation, Subparagraphs 4.9 and 6.3(c), Paragraphs 10 and 12, and Subparagraphs Subparagraphs 14.1 through 14.12 hereof, be without limit and without regard to the cause or causes thereof, including, but not limited to, pre-existing conditions, defect or ruin of premises or equipment, strict liability, regulatory or statutory liability, products liability, breach of representation or warranty (express or implied), breach of duty (whether statutory, contractual or otherwise) any theory of forttort, breach of contract, fault, the negligence of any degree or character (regardless of whether such negligence is sole, joint Joint or concurrent, active, passive or gross) of any party or parties, including the party seeking the benefit of the release, indemnity or assumption of liability, or any other theory of legal liability. The indemnities, and releases and assumptions of liability extended by the parties hereto under the provisions of Subparagraphs 4.9 and 6.3 and Paragraphs 10,12 and 14 shall inure to the benefit of such parties, their co-venturers, co-lessees, joint owners, their parent, holding and affiliated companies and the officers, directors, stockholders, partners, managers, representatives, employees, consultants, agents, servants and Insurers insurers of each. Except as otherwise provided herein, such indemnification and assumptions of liability shall not be deemed to create any rights to indemnification in any person or entity not a party to this Contract, either as a third party beneficiary or by reason of any agreement of indemnity between one of the parties hereto and another person or entity not a party to this Contract.

Appears in 2 contracts

Samples: Master Drilling Agreement, Master Drilling Agreement (Diamondback Energy, Inc.)

Indemnity Obligation. Except as otherwise expressly limited in this Contract, it is the Intent intent of parties hereto that all releases, indemnity obligations and/or liabilities assumed by such parties under terms of this Contract, including, without limitation, Subparagraphs 4.9 and 6.3(c), Paragraphs 10 and 12, and Subparagraphs 14.1 through 14.12 hereof, be without limit and without regard to the cause or causes thereof, including, but not limited to, pre-existing conditions, defect or ruin of premises or equipment, strict liability, regulatory or statutory liability, products liability, breach of representation or warranty (express or implied), breach of duty (whether statutory, contractual or otherwise) any theory of forttort, breach of contract, fault, the negligence of any degree or character (regardless of whether such negligence is sole, joint Joint or concurrent, active, passive or gross) of any party or parties, including the party seeking the benefit of the release, indemnity or assumption of liability, or any other theory of legal liability. The indemnities, and releases and assumptions of liability extended by the parties hereto under the provisions of Subparagraphs 4.9 and 6.3 and Paragraphs 10,12 and 14 shall inure to the benefit of such parties, their co-venturers, co-lessees, joint owners, their parent, holding and affiliated companies and the officers, directors, stockholders, partners, managers, representatives, employees, consultants, agents, servants and Insurers insurers of each. Except as otherwise provided herein, such indemnification and assumptions of liability shall not be deemed to create any rights to indemnification in any person or entity not a party to this Contract, either as a third party beneficiary or by reason of any agreement of indemnity between one of the parties hereto and another person or entity not a party to this Contract.

Appears in 2 contracts

Samples: Master Drilling Agreement, Master Drilling Agreement (Diamondback Energy, Inc.)

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Indemnity Obligation. Except as otherwise expressly limited in this Contract, it is the Intent intent of parties hereto that all releases, indemnity obligations and/or liabilities assumed by such parties under terms of this Contract, including, without limitation, Subparagraphs 4.9 and 6.3(c), Paragraphs 10 and 12, and Subparagraphs 14.1 through 14.12 hereof, be without limit and without regard to the cause or causes thereof, including, but not limited to, pre-existing conditions, defect or ruin of premises or equipment, strict liability, regulatory or statutory liability, products liability, breach of representation or warranty (express or implied), breach of duty (whether statutory, contractual or otherwise) any theory of forttort, breach of contract, fault, the negligence of any degree or character (regardless of whether such negligence is sole, joint or concurrent, active, passive active or grosspassive) of any party or parties, including the party seeking the benefit of the release, indemnity or assumption of liability, or any other theory of legal liability. Provided, however, notwithstanding anything to the contrary in this Contract, in no event shall either party have any obligation to pay, reimburse, defend or indemnify the other from or for the consequences of the other’s gross negligence or willful misconduct. The indemnities, and releases and assumptions of liability extended by the parties hereto under the provisions of Subparagraphs 4.9 and 6.3 and Paragraphs 10,12 10, 12, and 14 shall inure to the benefit of such parties, their co-venturers, co-lessees, joint owners, their parent, holding and affiliated companies and the officers, directors, stockholders, partners, managers, representatives, employees, consultants, agents, servants and Insurers insurers of each. Except as otherwise provided herein, such indemnification and assumptions of liability shall not be deemed to create any rights to indemnification in any person or entity not a party to this Contract, either as a third party beneficiary or by reason of any agreement of indemnity between one of the parties hereto and another person or entity not a party to this Contract.

Appears in 1 contract

Samples: Contract (Concho Resources Inc)

Indemnity Obligation. (a) Except as expressly stated otherwise expressly limited in this ContractParagraphs 606, it is the Intent of parties hereto that all releases, indemnity obligations and/or liabilities assumed by such parties under terms of this Contract, including, without limitation, Subparagraphs 4.9 and 6.3(c901(a), 901(b), 901(c) and 902, the parties intend and agree that the phrase “be responsible for and hold harmless and indemnify” in Paragraphs 10 606, 609, 901 through 910 hereof mean that the indemnifying party shall release, indemnify, hold harmless and 12defend (including payment of reasonable attorney’s fees and costs) the indemnified party from and against any and all claims, demands, causes of action, damages, judgments and Subparagraphs 14.1 through 14.12 hereofawards of any kind or character, be without limit and without regard to the cause or causes thereof, including, but not limited to, including pre-existing conditions, defect whether such conditions be patent or ruin latent, the unseaworthiness of premises any vessel or equipment, strict liability, regulatory or statutory liability, products liabilityvessels (including the Drilling Unit), breach of representation or warranty (express or implied), strict liability, tort, breach of contract, breach of duty (whether statutory, contractual or otherwise) any theory of fort), breach of contract, fault, or the negligence of any degree person or character (regardless persons, including that of the indemnified party, whether such negligence is be sole, joint or concurrent, active, passive or gross) of any party or parties, including the party seeking the benefit of the release, indemnity or assumption of liability, or any other theory of legal liability. The indemnities, and releases and assumptions of liability extended by the parties hereto under the provisions of Subparagraphs 4.9 and 6.3 and Paragraphs 10,12 and 14 . (b) An indemnifying party’s obligations contained in this Contract shall inure also extend to the benefit of such partiesindemnified party and its Affiliated Companies, its and their co-venturersjoint interest owners, co-lessees, joint co-owners, joint-owners, and its and their parent, holding contractors and affiliated companies subcontractors of every tier and the Affiliated Companies, officers, directors, stockholders, partners, managers, representatives, employees, consultants, agents, servants owners, shareholders and Insurers insurers of eacheach (“Contractor Group” or “Operator Group” respectively, provided that no member of Contractor Group shall be a member of Operator Group) and to actions against the Drilling Unit, its legal and beneficial owners, whether in rem or in personam; provided, however, that Contractor’s obligations as the indemnifying party contained in this Contract shall not extend in any event to Operator’s other contractors and subcontractors providing flight services, and shall not extend to Operator’s other contractors and subcontractors providing tugs, supply or service vessels in the event of damage to or loss of the Drilling Unit. (c) The terms and provisions of Paragraphs 606, 607, 609 and 901 through 910 shall have no application to claims or causes of action asserted against Operator or Contractor which arise solely by reason of any agreement of indemnity with a person or entity not a party hereto. Except as otherwise provided herein, such indemnification and assumptions of liability nothing contained herein shall not be deemed to create confer any rights to indemnification in upon any person or entity not a party to this Contract, either as a third party beneficiary or by reason of any agreement of indemnity between one of the parties hereto and another person or entity not a party to this Contractbeneficiary.

Appears in 1 contract

Samples: International Daywork Drilling Contract (Cobalt International Energy, Inc.)

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