Common use of Liabilities and Indemnities Clause in Contracts

Liabilities and Indemnities. 13.1 County shall not in any way be liable for any cost, liability, damage or injury, including cost of suit and reasonable expenses of legal services, claimed or recovered by any person whomsoever, or occurring on the Leased Premises, or as a result of any operations, works, acts or omissions performed on the Leased Premises, or the Airport, by Lessee, its sublessees or tenants, or their guest or invitees unless said cost, liability, damage or injury was proximately caused by gross negligence by the County or one of its officers, agents, servants, employees or contractors or said County or individual gross negligence were a substantial factor in the occurrence thereof. 13.2 Lessee agrees to indemnify, save and hold harmless, the County, its officers, agents, servants and employees of and from any and all costs, liability, penalties, damages and expense (including costs of suit and reasonable expenses of legal services) claimed or recovered, justly or unjustly, false, fraudulent or frivolous, by any person, firm, governmental entity or corporation by reason of injury to, or death of, any person or persons, and damage to, destruction or loss of use of any and all property, including County personnel and County property, and any claim of violation of any state, Federal or local law or regulation protecting human health or the environment, directly or indirectly arising from or resulting from, any operations, works, acts or omissions of Lessee, its agents, servants, employees, contractors, invitees, sublessees or tenants. Provided, however, that upon the filing with the County by anyone of a claim for damages arising out of incidents for which Xxxxxx herein agrees to indemnify and hold the County harmless, the County shall notify Lessee of such claim and in the event that Xxxxxx does not settle or compromise such claim, then Xxxxxx shall undertake the legal defense of such claim both on behalf of Xxxxxx and behalf of the County. It is specifically agreed, however, that the County at its own cost and expense may participate in the legal defense of any such claim. Any final judgment rendered against the County for any cause for which Xxxxxx is liable hereunder shall be conclusive against Xxxxxx as to liability and amount upon the expiration of the time for appeal. 13.3 In addition to Xxxxxx's undertaking, as stated in this Section 13, and as a means of further protecting the County, its officers, agents, servants and employees, Lessee shall at all times during the term of this Agreement obtain and maintain in effect Public Liability and Automotive Liability Insurance coverage as set forth in Exhibit B attached hereto and made a part hereof. In this connection, Xxxxxx agrees to require its contractors doing work on the Airport, and Xxxxxx's tenants and sublessees, to carry adequate insurance coverage, and if Lessee so desires, it may accomplish same by an endorsement to Xxxxxx's policies to include such persons or parties as additional named insureds. The County reserves the right to increase the minimum liability insurance set forth in Exhibit B when in the County’s opinion the risks attendant to Xxxxxx's operations hereunder have increased. 13.4 The Lessee represents that it is the owner of or fully authorized to use any and all services, processes, machines, articles, marks, names or slogans used by it in its operations under or in anywise connected with this Agreement. The Lessee agrees to save and hold the County, its officers, employees, agents and representatives free and harmless of and from any loss, liability, expense, suit or claim for damages in connection with any actual or alleged infringement of any patent, trademark or copyright or arising from any alleged or actual unfair competition or other similar claim arising out of the operations of the Lessee under or in anywise connected with this Agreement. 13.5 The Lessee represents and warrants that no broker has been concerned on its behalf in the negotiation of this Agreement and that there is no such broker who is or may be entitled to be paid a commission in connection therewith. The Lessee shall indemnify and safe harmless the County of and from any claim for commission or brokerage made by any such broker when such claim is based in whole or in part upon any act or omission of the Lessee.

Liabilities and Indemnities. 13.1 14.1 County shall not not, in any way way, be liable for any cost, liability, damage or injury, including cost of suit and reasonable expenses of legal services, claimed or recovered by any person whomsoever, or occurring on the Leased Premises, or as a result of any operations, works, acts or omissions performed on the Leased Premises, or the Airport, by Lessee, its sublessees or tenants, or their guest guests or invitees unless said cost, liability, damage or injury was proximately caused by gross negligence by the County or one of its officers, agents, servants, employees or contractors contractors, or said County or individual gross negligence were was a substantial factor in the occurrence thereof. 13.2 14.2 Lessee agrees to indemnify, save and hold harmless, harmless the County, its officers, agents, servants and employees of of, and from from, any and all costs, liability, penalties, damages and expense expenses (including costs of suit and reasonable expenses of legal services) claimed or recovered, justly or unjustly, false, fraudulent or frivolous, by any person, firm, governmental entity or corporation by reason of injury to, or death of, any person or persons, and damage to, destruction or loss of use of any and all property, including County personnel and County property, and any claim of violation of any state, Federal or local law or regulation protecting human health or the environment, directly or indirectly arising from or resulting from, any operations, works, acts or omissions of Lessee, its agents, servants, employees, contractors, invitees, sublessees or tenants. Provided, however, that upon the filing with the County by anyone of a claim for damages arising out of incidents for which Xxxxxx herein agrees to indemnify and hold the County harmless, the County shall notify Lessee of such claim claim, and in the event that Xxxxxx does not settle or compromise such claim, then Xxxxxx Lessee shall undertake the legal defense of such claim claim, both on behalf of Xxxxxx and behalf of the County. It is specifically agreed, however, that the County County, at its own cost and expense expense, may participate in the legal defense of any such claim. Any final judgment rendered against the County for any cause for which Xxxxxx is liable hereunder shall be conclusive against Xxxxxx as to liability and amount upon the expiration of the time for appeal. 13.3 14.3 In addition to Xxxxxx's ’s undertaking, as stated in this Section 1314, and as a means of further protecting the County, its officers, agents, servants and employees, Lessee shall shall, at all times during the term of this Agreement Agreement, obtain and maintain in effect Public Liability and Automotive Liability Insurance coverage as set forth in Exhibit B attached hereto and made a part hereof. In this connection, Xxxxxx agrees to require its contractors doing work on the Airport, and Xxxxxx's ’s tenants and sublessees, to carry adequate insurance coverage, and if Lessee so desires, it may accomplish same by an endorsement to Xxxxxx's ’s policies to include such persons or parties as additional named insureds. The County reserves the right to increase the minimum liability insurance set forth in Exhibit B when when, in the County’s opinion opinion, the risks attendant to Xxxxxx's ’s operations hereunder have increased. 13.4 14.4 The Lessee represents that it is the owner of of, or fully authorized to use use, any and all services, processes, machines, articles, marks, names or slogans used by it in its operations under under, or in anywise connected with with, this Agreement. The Lessee agrees to save and hold the County, its officers, employees, agents and representatives free and harmless of of, and from from, any loss, liability, expense, suit or claim for damages in connection with any actual or alleged infringement of any patent, trademark or copyright or arising from any alleged or actual unfair competition or other similar claim arising out of the operations of the Lessee under under, or in anywise connected with with, this Agreement. 13.5 14.5 The Lessee represents and warrants that no broker has been concerned on its behalf in the negotiation of this Agreement Agreement, and that there is no such broker who is is, or may be entitled to be be, paid a commission in connection therewith. The Lessee shall indemnify and safe hold harmless the County of and from any claim for commission or brokerage made by any such broker when such claim is based based, in whole or in part part, upon any act or omission of the Lessee.

Liabilities and Indemnities. 13.1 9.1 The County and the Commission shall not in any way be liable for any cost, liability, damage damage, or injury, including cost of suit and reasonable expenses of legal services, claimed or recovered by any person whomsoever, or occurring on the Leased Premises, or the Airport, or as a result of any operations, works, acts or omissions performed on the Leased Premises, or the Airport, by Lessee, its sublessees Sublessees or Unit Owners, their agents, servants, employees or authorized tenants, or their guest guests or invitees unless said invitees. Lessee, and each of its Sublessees and/or Unit Owners, shall not in any way be liable for any cost, liability, damage or injury was proximately caused including cost of suit and expenses of legal services, claimed or recovered by gross negligence any person whomsoever, or occurring on the Leased Premises, or the Airport, or as a result of any operations, works, acts, or commission performed on the Leased Premises, or the Airport, solely by the County or one of its officersand the Commission, their agents, servants, employees or contractors authorized tenants, or said their guests or invitees. The County or individual gross negligence were a substantial factor in reserves the occurrence thereofright to assert any defenses available under the Colorado Immunity Act. 13.2 9.2 Lessee agrees and its Sublessees and/or Unit Owners agree to indemnify, save and hold harmless, the CountyCounty and the Commission, its their officers, agents, servants and employees employees, of and from any and all costs, liability, penaltiesdamage, damages and expense (expense, including costs of suit and reasonable expenses of legal services) , claimed or recovered, justly or unjustly, falsefalsely, fraudulent fraudulently or frivolousfrivolously, by any person, firm, governmental entity firm or corporation by reason of injury to, or death of, any person or persons, including County personnel, and damage to, destruction or loss of use of any and all property, including County personnel and County property, and any claim of violation of any state, Federal or local law or regulation protecting human health or the environment, directly or indirectly arising from from, or resulting from, any operations, works, acts or omissions of Lessee, its agents, servants, employees, contractors, invitees, sublessees or tenantsauthorized tenants and any claims arising from the use of the leased premises. Provided, however, that upon Upon the filing with the County by anyone of a claim for damages arising out of incidents for which Xxxxxx herein agrees to indemnify and hold the County harmless, the County shall notify Lessee of such claim and in the event that Xxxxxx does not settle or compromise such claim, then Xxxxxx shall undertake the legal defense of such claim both on behalf of Xxxxxx and behalf of the County. It is specifically agreed, however, that the County County, at its own cost and expense expense, may participate in the legal defense of any such claim. Any final judgment rendered against the County for any cause for which Xxxxxx is liable hereunder shall be conclusive against Xxxxxx Lessee as to liability and amount upon the expiration of the time for appeal. 13.3 In addition to Xxxxxx's undertaking, as stated in this Section 13, and as a means of further protecting the County, its officers, agents, servants and employees, 9.3 Lessee shall at all times procure and keep in force during the term of the Agreement policies of Comprehensive General Liability insurance insuring Lessee and the County against any liability for personal injury, bodily injury, death, or property damage arising out of the subject of this Agreement obtain with a combined single limit of at least one million dollars ($1,000,000) or with a limit of not less than the maximum amount that may be recovered against the County under the Colorado Governmental Immunity Act, whichever is greater. No such policies shall be cancelable or subject to a reduction in coverage limits or other modification except after ten (10) days prior written notice to the County. The policies shall be for the mutual and maintain in effect Public Liability joint benefit and Automotive Liability Insurance coverage as set forth in Exhibit B attached hereto protection of Lessee and made a part hereof. In this connection, Xxxxxx agrees to require its contractors doing work on the AirportCounty, and Xxxxxx's tenants and sublesseessuch policies shall contain a provision that the County, although named as an insured, shall nevertheless be entitled to carry adequate insurance coveragerecovery under said policies for any loss occasioned to it, its servants, agents, citizens, and if employees by reason of the negligence of Xxxxxx. Lessee so desiresshall provide certificates of insurance in a form acceptable to the County and marked "premium paid" evidencing the existence of all insurance required to be maintained prior to the commencement of the Agreement. Reference PMCD Minimum Standards for additional information on Lessee, it may accomplish same by an endorsement to Xxxxxx's policies to include such persons or parties as additional named insureds. The County reserves the right to increase the minimum liability Sublessees, and Unit Owners insurance set forth in Exhibit B when in the County’s opinion the risks attendant to Xxxxxx's operations hereunder have increasedrequirements. 13.4 The 9.4 Lessee represents that it is the owner of or fully authorized to use any and all services, processes, machines, articles, marks, names names, or slogans used by it in its operations under or in anywise any way connected with this Agreement. The Lessee Xxxxxx agrees to save and hold the County, its their officers, employees, agents agents, and representatives free and harmless of and from any loss, liability, expense, suit or claim for damages in connection with any actual or alleged infringement of any patent, trademark or copyright or arising from any alleged or actual unfair competition or other similar claim arising out of the operations of the Lessee under or in anywise connected with this Agreement. 13.5 The Lessee represents and warrants that no broker has been concerned on its behalf in the negotiation of this Agreement and that there is no such broker who is or may be entitled to be paid a commission in connection therewith. The Lessee shall indemnify and safe harmless the County of and from any claim for commission or brokerage made by any such broker when such claim is based in whole or in part upon any act or omission of the Lessee.for

Liabilities and Indemnities. 13.1 County and Manager shall not in any way be liable for any cost, liability, damage or injury, including cost of suit and reasonable expenses of legal services, claimed or recovered by any person whomsoever, or occurring on the Leased Premises, or as a result of any operations, works, acts or omissions performed on the Leased Premises, or the Airport, by Lessee, its sublessees or tenants, or their guest or invitees unless said cost, liability, damage or injury was proximately caused by the sole gross negligence by of the County or one of its officers, agents, servants, employees or contractors or said County or individual gross negligence were a substantial factor in the occurrence thereofcontractors. 13.2 Lessee Notwithstanding, and in addition to, the Lessee’s obligation to indemnify County and Manager pursuant to Section 9 above, Xxxxxx agrees to indemnify, defend, release, save and hold harmless, harmless the County, its Manager, their officers, agents, servants and employees of and from any and all costs, liability, penalties, damages and expense (including costs of suit and reasonable expenses of legal services) claimed or recovered, justly or unjustly, false, fraudulent or frivolous, by any person, firm, governmental entity or corporation by reason of injury to, or death of, any person or persons, and damage to, destruction or loss of use of any and all property, including County and Manager personnel and County property, and any claim of violation of any permit or state, Federal federal or local law or regulation protecting human health or the environment, or any governmental requirement under Section 19 below or any other section of this Lease, directly or indirectly arising from or resulting from, any operations, works, acts or omissions of Lessee, its agents, servants, employees, contractors, invitees, sublessees or tenants. Provided, however, that upon the filing with the County or Manager by anyone of a claim for damages arising out of incidents for which Xxxxxx herein agrees to indemnify indemnify, defend, save and hold the County and Manager harmless, the County or Manager shall notify Lessee of such claim and in the event that Xxxxxx does not settle or compromise such claim, then Xxxxxx Lessee shall undertake the legal defense of such claim both on behalf of Xxxxxx and behalf of the CountyCounty and Manager. It is specifically agreed, however, that the County and Manager, at its their own cost and expense expense, may participate in the legal defense of any such claim. Any final judgment rendered against the County and/or Manager for any cause for which Xxxxxx is liable hereunder shall be conclusive against Xxxxxx as to liability and amount upon the expiration of the time for appeal. Any and all release, indemnity, defense and hold harmless provisions in this Lease, including, without limitation, the entire Sections 9 and 13 herein, shall survive the termination of this Lease. 13.3 In addition to Xxxxxx's ’s undertaking, as stated in this Section 13, and as a means of further protecting the County, its Manager, and their respective officers, agents, servants servants, contractors and employees, Lessee shall at all times during the term of this Agreement obtain and maintain in effect Public Liability and Automotive Liability Insurance coverage as set forth in Exhibit B attached hereto and made a part hereof. In this connection, Xxxxxx agrees to require its contractors doing work on the Airport, and Xxxxxx's ’s tenants and sublessees, to carry adequate insurance coverage, and if Lessee so desires, it may accomplish same by an endorsement to Xxxxxx's ’s policies to include such persons or parties as additional named insureds. The County reserves the right to increase the minimum liability insurance set forth in Exhibit B when when, in the County’s opinion Risk Manager’s opinion, the risks attendant to Xxxxxx's ’s operations hereunder have increased. 13.4 The Lessee represents that it is the owner of or fully authorized to use any and all services, processes, machines, articles, marks, names or slogans used by it in its operations under or in anywise connected with this Agreement. The Lessee agrees to save and hold the County, its Manager, their officers, employees, agents agents, contractors and representatives free and harmless of and from any loss, liability, expense, suit or claim for damages in connection with any actual or alleged infringement of any patent, trademark or copyright or arising from any alleged or actual unfair competition or other similar claim arising out of the operations of the Lessee under or in anywise connected with this Agreement. 13.5 The Lessee represents and warrants that no broker has been concerned on its behalf in the negotiation of this Agreement and that there is no such broker who is is, or may be entitled to be be, paid a commission in connection therewith. The Lessee shall indemnify indemnify, defend, save and safe hold harmless the County of and from Manager of, and from, any claim for commission or brokerage made by any such broker when such claim is based in whole or in part upon any act or omission of the Lessee. 13.6 If, for any reason, Lessee shall neglect or fail to insure, or cause to insure and keep insured, those policies shown on Exhibit B required by this Lease, or to pay the premiums therefor, County or Manager may, at their option, procure or renew such insurance and pay the premiums thereon. Any amount paid for said insurance by County or Manager shall become immediately due and payable by Lessee to County or Manager. The premiums paid by County or Manager shall accrue simple interest at a rate of one-and-one-half percent (1.5%) per month until paid in full by the Lessee.

Liabilities and Indemnities. 13.1 County 9.1 The Department shall not in any way be liable for any cost, liability, damage or injury, injury including cost of suit and reasonable expenses of legal services, claimed or recovered by any person whomsoever, or occurring on the Leased Premises, Premises or as a result of any operations, works, acts or omissions performed on the Leased Premises, or Premises by-the Airport, by Lessee, its sublessees or tenants, or their guest guests or invitees unless said cost, liability, damage or injury was proximately caused by gross negligence by the County or one of its officers, agents, servants, employees or contractors or said County or individual gross negligence were a substantial factor in the occurrence thereofinvitees. 13.2 9.2 The Lessee agrees to indemnify, save and hold harmless, the County, Department (its officers, agents, servants and employees employees) of and from any and all costs, liability, penalties, damages damage and expense (including costs of suit and reasonable expenses of legal services) claimed or recovered, justly or unjustly, falsefalsely, fraudulent fraudulently or frivolousfrivolously, by any person, firm, governmental entity firm or corporation by reason of injury to, or death of, any person or persons, including Department personnel and damage to, destruction or loss of use of any and all property, including County personnel and County Department property, and any claim of violation of any statearising from, Federal or local law or regulation protecting human health or the environment, directly or indirectly arising from or resulting from, any operations, works, acts or omissions of Lessee, its agents, servants, employees, contractors, invitees, sublessees or tenants. ProvidedIn any case in which such indemnification would violate Sections 5-321.1 or 5-322.1 of the New York General Obligations Law, howeveror any other applicable legal prohibition, that upon the foregoing provisions concerning indemnification shall not be construed to indemnify the Department, its officers, employees or agents for damage arising out of bodily injury to persons or damage to property caused by or resulting from the negligence of the Department, its officers, employees or agents. Upon the filing with the County Department by anyone of a claim for damages arising out of incidents for which Xxxxxx the Lessee herein agrees to indemnify and hold the County Department harmless, the County Department shall notify the Lessee of such claim and in the event that Xxxxxx the Lessee does not settle or compromise such claim, then Xxxxxx the Lessee shall undertake the legal defense of such claim both on behalf of Xxxxxx the Lessee and behalf of the CountyDepartment. It is specifically agreed, however, that the County Department at its own cost and expense expense, may participate in the legal defense of any such claim. Any judgment, final judgment beyond all possibility of appeal, rendered against the County Department for any cause for which Xxxxxx the Lessee is liable hereunder shall be conclusive against Xxxxxx the Lessee as to liability and amount upon the expiration of the time for appeal. 13.3 9.3 In addition to Xxxxxxthe Lessee's undertaking, as stated in this Section 13Article, and as a means of further protecting the CountyDepartment, its officers, employees and agents, servants and employees, the Lessee shall at all times during the term of this Agreement obtain and maintain in effect Public Liability and Automotive Liability Insurance coverage as set forth in Exhibit B Schedule A attached hereto and made a part hereof. In this connection, Xxxxxx the Lessee agrees to require its contractors doing work on in the AirportPark, and Xxxxxxthe Lessee's tenants and sublessees, to carry adequate insurance coverage, and if the Lessee so desires, it may accomplish same by an endorsement to Xxxxxxthe Lessee's policies to include such persons or parties as additional named insureds. . 9.3.1 The County reserves the right to Lessee shall review its coverage annually and increase the minimum liability insurance set forth in Exhibit B when Schedule A to a reasonable threshold when, in the County’s opinion Lessee's opinion, the risks attendant to Xxxxxxthe Lessee's operations hereunder have increased. The Department shall never be liable for any shortfall in Lessee's coverage. 13.4 9.4 The Lessee represents that it is the owner of or fully authorized to use any and all services, processes, machines, articles, marks, names or slogans used by it in its operations under or in anywise connected with this Agreement. The Lessee agrees to save and hold the CountyDepartment, its officers, employees, agents and representatives free and harmless of and from any loss, liability, expense, suit or claim for damages in connection with any actual or alleged infringement of any patent, trademark or copyright copyright, or arising from any alleged or actual unfair competition or other similar claim arising out of the operations of the Lessee under or in anywise connected with this Agreement. 13.5 9.5 The Lessee represents and warrants that no broker has been concerned on its behalf in the negotiation of this Agreement and that there is no such broker who is or may be entitled to be paid a commission in connection therewith. The Lessee shall indemnify and safe save harmless the County of Department from all liability, damage, cost and expense, including reasonable attorneys' fees, resulting from any claim for commission or brokerage made by any such broker when such claim is based in whole or in part upon any act or omission breach of the Lesseethis representation and warranty.

Liabilities and Indemnities. 13.1 County shall not in any way be liable for any cost, liability, damage or injury, including cost of suit and reasonable expenses of legal services, claimed or recovered by any person whomsoever, or occurring on the Leased Premises, or as a result of any operations, workswo rks, acts or omissions performed on the Leased Premises, or the Airport, by Lessee, its sublessees or tenants, or their guest or invitees unless said cost, liability, damage or injury was proximately caused by gross negligence by the County or one of its officers, agents, servants, employees or contractors or said County or individual gross negligence were a substantial factor in the occurrence thereof. 13.2 Lessee agrees to indemnify, save and hold harmless, the County, its officers, agents, servants and employees of and from any and all costs, liability, penalties, damages and expense (including costs of suit and reasonable expenses of legal services) claimed or recovered, justly or unjustly, false, fraudulent or frivolous, by any person, firm, governmental entity or corporation by reason of injury to, or death of, any person or persons, and damage to, destruction or loss of use of any and all property, including County personnel and County property, and any claim of violation of any state, Federal or local law or regulation protecting human health or the environment, directly or indirectly arising from or resulting from, any operations, works, acts or omissions of Lessee, its agents, servants, employees, contractors, invitees, sublessees or tenants. Provided, however, that upon the filing with the County by anyone of a claim for damages arising out of incidents for which Xxxxxx herein agrees to indemnify and hold the County harmless, the County shall notify Lessee of such claim and in the event that Xxxxxx does not settle or compromise such claim, then Xxxxxx shall undertake the legal defense of such claim both on behalf of Xxxxxx and behalf of the County. It is specifically agreed, however, that the County at its own cost and expense may participate in the legal defense of any such claim. Any final judgment rendered against the County for any cause for which Xxxxxx is liable hereunder shall be conclusive against Xxxxxx as to liability and amount upon the expiration of the time for appeal. 13.3 In addition to Xxxxxx's undertaking, as stated in this Section 13, and as a means of further protecting the County, its officers, agents, servants and employees, Lessee shall at all times during the term of this Agreement obtain and maintain in effect Public Liability and Automotive Liability Insurance coverage as set forth in Exhibit B attached hereto and made a part hereof. In this connection, Xxxxxx agrees to require its contractors doing work on the Airport, and Xxxxxx's tenants and sublessees, to carry adequate insurance coverage, and if Lessee so desires, it may accomplish same by an endorsement to Xxxxxx's policies to include such persons or parties as additional named insureds. The County reserves the right to increase the minimum liability insurance set forth in Exhibit B when in the County’s opinion the risks attendant to Xxxxxx's operations hereunder have increased. 13.4 The Lessee represents that it is the owner of or fully authorized to use any and all services, processes, machines, articles, marks, names or slogans used by it in its operations under or in anywise connected with this Agreement. The Lessee agrees to save and hold the County, its officers, employees, agents and representatives free and harmless of and from any loss, liability, expense, suit or claim for damages in connection with any actual or alleged infringement of any patent, trademark or copyright or arising from any alleged or actual unfair competition or other similar claim arising out of the operations of the Lessee under or in anywise connected with this Agreement. 13.5 The Lessee represents and warrants that no broker has been concerned on its behalf in the negotiation of this Agreement and that there is no such broker who is or may be entitled to be paid a commission in connection therewith. The Lessee shall indemnify and safe harmless the County of and from any claim for commission or brokerage made by any such broker when such claim is based in whole or in part upon any act or omission of the Lessee.