Common use of Indemnity Provision Clause in Contracts

Indemnity Provision. LESSEE HEREBY AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS LAKE XXXXXX ISD, ITS AGENTS, TRUSTEES, OFFICERS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, LIABILITY, AND CLAIMS OF ANY CHARACTER, TYPE OR DESCRIPTION (INCLUDING WITHOUT LIMITATION COURT COSTS AND ATTORNEY’S FEES, AND ALL SUCH OTHER EXPENSES OF LITIGATION OR COUNTER SUITS) BROUGHT OR MADE FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY ARISING OUT OF OR OCCASIONED BY OR CONNECTED WITH THE USE OF LAKE XXXXXX ISD’S FACILITIES BY LESSEE, ITS AGENTS, OFFICERS, EMPLOYEES, OR INVITEES. SUCH INDEMNITY SHALL APPLY WHERE THE ABOVE REFERENCED SUITS, ACTIONS, LOSSES, DAMAGES LIABILITY, OR CLAIMS ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF LAKE XXXXXX ISD.

Indemnity Provision. LESSEE HEREBY XXXXXX XXXXXX AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS LAKE XXXXXX ISD, ITS AGENTS, TRUSTEES, OFFICERS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, LIABILITY, AND CLAIMS OF ANY CHARACTER, TYPE OR DESCRIPTION LTISD Facility Use Agreement Updated 9/1/2021 (INCLUDING WITHOUT LIMITATION COURT COSTS AND ATTORNEY’S FEES, AND ALL SUCH OTHER EXPENSES OF LITIGATION OR COUNTER SUITS) BROUGHT OR MADE FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY ARISING OUT OF OR OCCASIONED BY OR CONNECTED WITH THE USE OF LAKE XXXXXX ISD’S FACILITIES BY LESSEEXXXXXX, ITS AGENTS, OFFICERS, EMPLOYEES, OR INVITEES. SUCH INDEMNITY SHALL APPLY WHERE THE ABOVE REFERENCED SUITS, ACTIONS, LOSSES, DAMAGES LIABILITY, OR CLAIMS ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF LAKE XXXXXX ISD.

Indemnity Provision. LESSEE HEREBY AGREES Texas: (a) SUPPLIER SHALL, TO AND SHALL INDEMNIFY AND THE FULLEST EXTENT PERMITTED BY LAW, INDEMNIFY, HOLD HARMLESS LAKE XXXXXX ISDAND DEFEND (AT SUPPLIER’S EXPENSE AND WITH COUNSEL ACCEPTABLE TO CLIENT), ITS AGENTSCLIENT AND ALL OTHER PARTIES WHICH CLIENT HAS AGREED TO INDEMNIFY IN THE CONTRACT DOCUMENTS (“INDEMNITEES”), TRUSTEES, OFFICERS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONSCAUSES OF ACTION, LOSSESLIABILITIES, DAMAGES, LIABILITYDEMANDS, JUDGMENTS, LOSSES AND EXPENSES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS FEES, COURT COSTS, AND CLAIMS OF ANY CHARACTER, TYPE OR DESCRIPTION (INCLUDING WITHOUT LIMITATION COURT COSTS AND ATTORNEY’S FEES, AND ALL SUCH OTHER EXPENSES OF LITIGATION OR COUNTER SUITS) BROUGHT OR MADE FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY AND ARBITRATION (COLLECTIVELY “LIABILITIES”), ARISING OUT OF OR OCCASIONED BY RESULTING FROM BODILY INJURY OR CONNECTED WITH THE DEATH OF ANY PERSON, OR PROPERTY DAMAGE, INCLUDING LOSS OF USE OF LAKE XXXXXX ISDPROPERTY, AND ARISING OR ALLEGED TO ARISE OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR SUPPLIER’S FACILITIES BY LESSEEPERFORMANCE UNDER THIS AGREEMENT OR OTHER ACTIVITIES OF SUPPLIER, ITS AGENTS, OFFICERS, EMPLOYEES, OR INVITEES. SUCH INDEMNITY SHALL APPLY WHERE BUT NOT TO THE ABOVE REFERENCED SUITS, ACTIONS, LOSSES, DAMAGES LIABILITY, OR CLAIMS ARISE EXTENT CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OR BREACH OF CONTRACT OF AN INDEMNITEE. (b) If SUPPLIER is performing Services on site, then: NOTWITHSTANDING THE FOREGOING, SUPPLIER SHALL, TO THE FULLEST EXTENT PERMITTED BY LAW, INDEMNIFY, HOLD HARMLESS AND DEFEND THE INDEMNITEES, FROM AND AGAINST ALL LIABILITIES ARISING OUT OF OR RESULTING FROM BODILY INJURY TO, OR SICKNESS, DISEASE OR DEATH OF ANY EMPLOYEE, AGENT OR REPRESENTATIVE OF SUPPLIER OR ANY OF ITS SUBCONTRACTORS, AND ARISING OR ALLEGED TO ARISE OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR SUPPLIER’S PERFORMANCE UNDER THIS AGREEMENT OR OTHER ACTIVITIES OF SUPPLIER, REGARDLESS OF WHETHER SUCH LIABILITIES ARE CAUSED, OR ARE ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF LAKE XXXXXX ISDANY INDEMNITEE, IT BEING THE EXPRESSED INTENT OF THE PARTIES THAT IN SUCH EVENT THE SELLER IS TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE INDEMNITEES FROM THE CONSEQUENCES OF THEIR OWN NEGLIGENCE, WHETHER IT IS OR IS ALLEGED TO BE SOLE OR CONCURRING CAUSE OF THE BODILY INJURY TO, OR SICKNESS, DISEASE OR DEATH OF, ANY EMPLOYEE, AGENT OR REPRESENTATIVE OF SUPPLIER OR ANY OF ITS SUBCONTRACTORS. (c) The indemnification obligations under this Service Agreement shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for SUPPLIER under Workers Compensation Acts, Disability Benefit Acts or other employee benefit acts. SUPPLIER shall procure liability insurance covering its indemnification obligations herein. (d) It is the intention of the parties to comply with all applicable Texas law which may include Chapter 151 of the Texas Insurance Code and Chapter 130 of the Texas Civil Practices and Remedies Code. (e) SUPPLIER warrants that the use or sale by the CLIENT of the Services and the use of such Services by the Owner of the Project will not constitute an infringement of any patent or intellectual property, and SUPPLIER agrees to indemnify, defend and hold CLIENT and the Owner of the Project harmless from and against any and all patent infringement claims resulting from such use and/or sale. (f) ENVIRONMENTAL INDEMNITY (when applicable): SUPPLIER agrees that in performing its Services, it will not create, bring to Project site, use or dispose of any hazardous chemicals or substances in an unlawful or hazardous manner and shall be solely responsible for the lawful, proper and safe handling, storage and removal of all hazardous waste, chemicals and substances which are introduced to the Project site, or removed from the Project site, by SUPPLIER’s operations. The term “hazardous waste, chemicals or substances” shall mean those materials and substances prohibited, proscribed, or the use of which is controlled by any agency of the federal government or the applicable state or local agency having jurisdiction of such matters. SUPPLIER shall comply with all federal, state, and local regulations dealing with the use, storage, removal or disposal of all hazardous waste, chemicals or substances. To the fullest extent permitted by applicable law, the SUPPLIER expressly agrees to defend (at SUPPLIER’s expense and with counsel acceptable to CLIENT), indemnify and hold harmless the Indemnitees from and against any and all claims, suits, losses, causes of action, damages, liabilities, fines, penalties, costs of clean-up, and expenses of any kind whatsoever, arising out of or alleged to arise out of, or in connection with any use, handling or storage of hazardous materials or any discharge, dispersal, release or seepage of hazardous materials on to or off of the Project site, or into the environment, which occurs while SUPPLIER is performing its Services under this Agreement, or which arises out of any other hazardous material while under the custody or control of SUPPLIER.