Common use of Liability Indemnification and Insurance Clause in Contracts

Liability Indemnification and Insurance. Renter agrees to conduct its activities upon the Premises so as not to endanger any person or property, including without limitation the Building and the Premises and all furnishings, fixtures, or equipment thereon. Renter shall hold harmless, defend and indemnify the University of Utah and its trustees, officers, employees, and agents from and against any and all claims, losses, causes of action, judgments, damages and expenses including, but not limited to attorneys’ fees, bodily injury, sickness, disease or death, or injury to or destruction of tangible property or any other injury or damage resulting from or arising out of (a) performance or breach of this Agreement by Xxxxxx, (b) Renter’s use of and activities in connection with the Building and the Premises, or (c) any act, error, or omission on the part of the Renter, or its agents, employees, invitees, guests or subcontractors who provide any materials or perform any operation relative to this Agreement except where such claims, losses, causes of action, judgments, damages and expenses result solely from the negligent acts or omissions or willful misconduct of the University of Utah, its officers, employees or agents. Renter warrants and represents that no artistic work or other property protected by copyright will be performed, reproduced or used in the performance of this Agreement unless Xxxxxx has previously thereto obtained written permission from the copyright holder. Renter will indemnify, save and hold harmless the University and its trustees, officers, agents, employees and servants from and against all claims, costs and expenses (including legal fees), demands, actions and liability of every kind and character whatsoever with respect to copyright and Xxxxxx’s performance of artistic works. Renter shall secure and maintain Commercial General Liability insurance with per occurrence limits of at least $1,000,000 and general aggregate limits of at least $2,000,000 that lists the University of Utah as an additional insured. Renter agrees to provide a certificate of insurance for its Commercial General Liability insurance to the SOD. Renter may also be required to provide evidence of other insurance coverages that are reasonable based on Renter’s operations. The terms of this Section are a material part of the Agreement and shall survive its termination or expiration for any reason.

Appears in 2 contracts

Samples: Event Venue Rental, Single Event Facilities Use Agreement

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Liability Indemnification and Insurance. Renter 13.1 The Indemnified Parties shall not be liable to the Organization or the Organization Personnel or any other person, for any liabilities, losses, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, (collectively “Claims”) in any way based upon, occasioned by, attributable to, arising out of this Agreement, or any failure by the Organization to perform its obligations under this Agreement, or by reason of the use of the ADRS and ADRS Information by the Organization and Authorized Users, except where such Claims result from the negligence or wilful misconduct of Ontario. 13.2 The Organization hereby agrees to conduct its activities upon indemnify and hold harmless the Premises so as not to endanger any person or property, including without limitation the Building and the Premises and all furnishings, fixtures, or equipment thereon. Renter shall hold harmless, defend and indemnify the University of Utah and its trustees, officers, employees, and agents Indemnified Parties from and against any and all claimsClaims by whomever made, lossessustained, causes of actionbrought or prosecuted, judgmentsincluding for third party bodily injury (including death), damages personal injury and expenses includingproperty damage, but not limited in any way based upon, occasioned by or attributable to attorneys’ feesanything done or omitted to be done by the Organization, bodily injuryOrganization Personnel, sickness, disease the Organization’s subcontractors or death, or injury to or destruction of tangible property or any other injury or damage resulting from or arising out of (a) performance or breach of this Agreement by Xxxxxx, (b) Renter’s use of and activities in connection with the Building and the Premises, or (c) any act, error, or omission on the part of the Renter, or its agents, employees, invitees, guests or subcontractors who provide any materials or perform any operation relative to this Agreement except where such claims, losses, causes of action, judgments, damages and expenses result solely from the negligent acts or omissions or willful misconduct of the University of Utah, its officers, employees or agents. Renter warrants and represents that no artistic work or other property protected by copyright will be performed, reproduced or used in the performance of this Agreement unless Xxxxxx has previously thereto obtained written permission from the copyright holder. Renter will indemnify, save and hold harmless the University and its trusteestheir respective directors, officers, agents, employees or independent contractors in the course of performance of the Organization’s obligations under, or otherwise in connection with, this Agreement. The Organization further agrees to indemnify and servants hold harmless the Indemnified Parties for any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit, by any person, entity or organization, claimed or resulting from such Claims. 13.3 The Organization hereby agrees to put in effect and against maintain for the duration of this Agreement, at its own expense, all claimsthe necessary and appropriate insurance that a prudent person in the business of the Organization would maintain including, costs but not limited to, commercial general liability insurance, on an occurrence basis for third party bodily injury, personal injury and expenses property damage to an inclusive limit of not less than two million dollars (including legal fees), demands, actions and liability of every kind and character whatsoever $2,000,000) per occurrence. The policy shall include: (i) the Indemnified Parties as additional insureds with respect to copyright and Xxxxxx’s liability arising in the course of the performance of artistic works. Renter the Organization’s obligations under, or otherwise in connection with, this Agreement; (ii) contractual liability coverage; (iii) cross-liability clause; (iv) employers liability coverage; (v) thirty day written notice of cancellation, termination or material change; and (vi) non-owned automobile coverage with blanket contractual coverage for hired automobiles. 13.4 The Organization shall secure and maintain Commercial General Liability insurance with per occurrence limits ensure that any Authorized User who is a member of at least $1,000,000 and general aggregate limits of at least $2,000,000 that lists a College maintains for the University of Utah as an additional insured. Renter agrees to provide a certificate of insurance for its Commercial General Liability insurance to the SOD. Renter may also be required to provide evidence of other insurance coverages that are reasonable based on Renter’s operations. The terms of this Section are a material part duration of the Agreement professional liability insurance in an amount of not less than two million dollars ($2,000,000). This Section does not apply to any Authorized User who is an employee of the Organization and shall survive its termination or expiration for any reasonwho receives liability coverage under an insurance policy of the Organization.

Appears in 1 contract

Samples: Ambulance Dispatch Reporting System (Adrs) Access Agreement

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Liability Indemnification and Insurance. Renter agrees to conduct its activities upon the Premises so as not to endanger any person or property, including without limitation the Building and the Premises and all furnishings, fixtures, or equipment thereon. Renter shall hold harmless, defend and indemnify the University of Utah and its trustees, officers, employees, and agents from and against any and all claims, losses, causes of action, judgments, damages and expenses including, but not limited to attorneys’ fees, bodily injury, sickness, disease or death, or injury to or destruction of tangible property or any other injury or damage resulting from or arising out of (a) performance or breach of this Agreement by XxxxxxRenter, (b) Renter’s use of and activities in connection with the Building and the Premises, or (c) any act, error, or omission on the part of the Renter, or its agents, employees, invitees, guests or subcontractors who provide any materials or perform any operation relative to this Agreement except where such claims, losses, causes of action, judgments, damages and expenses result solely from the negligent acts or omissions or willful misconduct of the University of Utah, its officers, employees or agents. Renter warrants and represents that no artistic work or other property protected by copyright will be performed, reproduced or used in the performance of this Agreement unless Xxxxxx Renter has previously thereto obtained written permission from the copyright holder. Renter will indemnify, save and hold harmless the University and its trustees, officers, agents, employees and servants from and against all claims, costs and expenses (including legal fees), demands, actions and liability of every kind and character whatsoever with respect to copyright and XxxxxxRenter’s performance of artistic works. Renter shall secure and maintain Commercial General Liability insurance with per occurrence limits of at least $1,000,000 and general aggregate limits of at least $2,000,000 that lists the University of Utah as an additional insured. Renter agrees to provide a certificate of insurance for its Commercial General Liability insurance to the SOD. Renter may also be required to provide evidence of other insurance coverages that are reasonable based on Renter’s operations. The terms of this Section are a material part of the Agreement and shall survive its termination or expiration for any reason.

Appears in 1 contract

Samples: Facilities Use Agreement

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