Injury and Property Damage. GenMark shall indemnify, defend, and hold harmless Leica and its Affiliates from and against Claims and related Losses to the extent resulting from or arising out of personal injuries, death, or damage to tangible personal or real property of any third party caused by the use of any Product (“Product Liability Claims and Losses”). However, GenMark’s indemnification obligations set forth in this Section 18.1 do not apply to, and Leica shall indemnify, defend and hold harmless GenMark from and against, Product Liability Claims and Losses arising as a direct result of or directly attributable to:
18.1.1. the Gross Negligence or wilful misconduct of Leica, or any Affiliate, employee or contractor of Leica or any Affiliate;
18.1.2. the breach or violation by Leica or its Affilaites of any applicable law or regulation.
Injury and Property Damage. Each Party (as the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (the “Indemnified Party”) from and against third party claims and lawsuits (“Claims”) and the indemnified Party’s incurred damages, liabilities, settlements, judgments, costs and expenses resulting from such Claims that are awarded or adjudged by a court or arbitration panel with competent jurisdiction or approved in writing by the Indemnifying Party (“Losses”), in each case, to the extent resulting from or arising out of personal injuries, death, or damage to tangible personal or real property of any third party caused by the gross negligence of the Indemnifying Party while at the other Party’s site, except no indemnification obligation of Allscripts shall apply if based on allegations of medical malpractice or other liability arising out of the delivery of (or the failure to deliver) medical care.
Injury and Property Damage. Except to the extent the indemnified party is compensated by insurance,
Injury and Property Damage. Except to the extent the indemnified party is compensated by insurance,
(a) will indemnify each other from any liability for bodily injury (including death) or tangible property damage caused by the indemnifying party’s acts or omissions and (b) will, at the indemnifying party’s expense, defend any suits or other proceedings asserting such liability brought by third parties against the indemnified party and will pay all expenses and satisfy all judgments which may be incurred or rendered against the indemnified party, but only if the tangible property damage, personal injury, or death does not result from the sole negligence of the indemnified party.
Injury and Property Damage. Except to the extent the indemnified party is compensated by insurance, Alliance and the School (i) will indemnify each other from any liability for bodily injury (including death) or tangible property damage caused by the indemnifying party’s acts or omissions, and (ii) will, at the indemnifying party’s expense, defend any suits or other proceedings asserting such liability brought by third parties against the indemnified party and will pay all expenses and satisfy all judgments which may be incurred or rendered against the indemnified party, but only if the tangible property damage, personal injury, or death does not result from the sole negligence of the indemnified party.
Injury and Property Damage. Except to the extent the indemnified party is compensated by insurance, EdTec and Client (a) will indemnify each other from any liability for bodily injury (including death) or tangible property damage caused by the indemnifying party’s acts or omissions and (b) will,
Injury and Property Damage. Lessee agrees to indemnify and hold Lessor harmless from any and all claims of any kind or nature arising out of Lessee's use of the demised premises during the term hereof or any renewal of continuation period. Lessee shall at all times during the term hereof or any extension of said term keep in effect liability insurance in the names of and for the benefit of Lessor and Lessee with a combined limit of bodily injury and property damage liability or not less than $500,000.00.
Injury and Property Damage. Metrolinx shall exercise due care and diligence to prevent any injury to person or damage to property while on or in the TTC Premises or City Premises. Metrolinx shall be responsible for the repair, which repair shall be performed promptly, at its cost, of any physical damage caused to the TTC Premises or City Premises by its acts or omissions or those acts or omissions of its contractors or sub- contractors, unless and to the extent caused by the acts or omissions of the TTC or the City of Toronto. Such repairs will restore such premises to substantially the same or better standard as existed on the date of installation or affixation of the PRESTO Equipment and Services or the commencement of such other activity by Metrolinx which resulted in such damage, reasonable wear and tear excepted, using materials of substantially the same or better quality as exist already at such premises, which material is to be promptly approved by TTC. TTC shall approve, in advance, all such TTC Premises where PRESTO Equipment and Services will be installed, restored or affixed. Upon reasonable prior notice by TTC, except in the case of emergency repairs where such notice may be in arrears, if Metrolinx does not promptly perform such required repair to remedy such damage to the TTC Premises, TTC shall perform such repairs and provide Metrolinx with a reasonably detailed invoice setting out: (i) the details of the repair, (ii) the costs to perform such repair, and (iii) the dollar amount of the pre- approved 15% administration fee, and Metrolinx shall pay to the TTC the invoiced amount within a reasonable period after the receipt of such invoice.
Injury and Property Damage. TTC shall exercise due care and diligence to prevent any injury to Metrolinx personnel or damage to any Metrolinx property, including the PRESTO Equipment and Services, including while same is on any TTC Premises. The Parties acknowledge that certain PRESTO Equipment and Services are located in publicly accessible areas and TTC is unable to guarantee that no damage will be caused to such PRESTO Equipment and Services by members of the public over whom TTC has no control;
