Liability Insurance; Indemnity. (a) Tenant shall and hereby does indemnify and hold Landlord harmless from and against any and all claims brought against Landlord by a third party arising from: (i) Tenant’s use of the Leased Premises or the conduct of Tenant’s business or profession; (ii) any activity, work, or thing done, permitted or suffered by the Tenant in or about the Building or Common Area; (iii) any breach or default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease; or (iv) any negligent acts or omissions of Tenant, or of Tenant’s agents, employees or contractors. Tenant shall and hereby does further indemnify, defend and hold Landlord harmless from and against all costs, attorney fees, expenses and liabilities incurred in connection with any such claim or any action or proceeding brought thereon. In case any action or proceeding is brought against Landlord by reason of any such claim, Tenant upon notice from Landlord, shall defend same at Tenant’s expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Leased Premises from any cause other than the gross negligence or intentional misconduct of Landlord or its representatives, employees or agents. Landlord shall and hereby does indemnify and hold Tenant harmless from and against any and all claims and costs, reasonable attorneys’ fees or other liabilities incurred as a direct result of any claim or action or proceedings by a third party and directly arising from the following, exception to the extent of Tenant’s acts or omissions: (i) any breach or default in the performance of any obligation on Landlord’s part to be performed under the terms of this Lease; or (ii) any grossly negligent or willful acts or omissions of Landlord. In case any action or proceeding is brought against Tenant by reason of any such claim, Landlord upon notice from Tenant, shall defend same at Landlord’s expense by counsel reasonably satisfactory to Tenant. The indemnities herein shall survive the termination of this Lease and shall continue in effect until any and all claims, actions or causes of action with respect to any of the matters indemnified against are fully and finally barred by the applicable statute of limitations. In no event shall any of the insurance provisions set forth in this Lease be construed as a limitation on the scope of indemnificati...
Liability Insurance; Indemnity. 9.1 Tenant shall at all times during the term hereof, at its own expense, maintain a commercial general liability insurance policy with a One Million Dollar ($1,000,000) combined single limit for any one (1) occurrence, insuring the Landlord and Tenant against all liability for damages to person or property in or about the Leased Premises. Tenant shall provide to Landlord a current Certificate of Insurance, with the Landlord listed as an additional insured.
Liability Insurance; Indemnity. A. Provider shall obtain and maintain, and shall cause the Pharmacies to obtain and maintain, in full force and effect and throughout the term of this Agreement such policies of general liability, professional liability and other insurance of the types and amounts as are reasonably and customarily carried by pharmacies with respect to their operations.
Liability Insurance; Indemnity. 8.1 AASTROM shall assume, upon delivery of any shipment of Raw Materials according to Section 7.1, all risks and liabilities resulting from the storage or any subsequent uses of such shipment of Raw Materials, including in combination with other components, provided that, with respect to Genzyme Raw Materials, at the time of delivery such Genzyme Raw Materials are in compliance with the SPECIFICATIONS and otherwise in accordance with the provisions of this Agreement. GENZYME shall not be responsible for non-conforming Third Party Raw Materials, unless such Third Party Raw Materials are damaged while in GENZYME’s possession.
Liability Insurance; Indemnity. 10.1. Nothing in the Contract excludes either party’s liability for death or personal injury caused by that party’s negligence or wilful default.
Liability Insurance; Indemnity. All persons furnished by Seller, including any subcontractors, shall be considered solely Seller’s employees, agents or subcontractors and not employees, agents or subcontractors of Buyer; and Seller shall be responsible for full compliance with all laws, rules and regulations involving, but not limited to, employment of labor, hours of labor, working conditions, payments of wages and payment of taxes, such as unemployment, social security and other payroll taxes, including applicable contributions from its employees, agents or subcontractors when required by law. Seller agrees to indemnify and save Buyer harmless from any liabilities, claims or demands (including the costs, expenses and reasonable attorney’s fees on account thereof) that may be made: (1) by any third person for injuries, including death to persons or damage to property, including theft, resulting from Seller’s negligent or otherwise wrongful acts or omissions, or those of Seller’s employers, agents or subcontractors; (2) by any third person for injuries, including death to persons or damage to property, caused by any directories supplied by Seller hereunder in a defective or dangerous condition; or (3) under Worker’s Compensation, or similar employer-employee LIABILITY acts, against Buyer by Seller’s employees, agents or subcontractors; or (4) by Buyer’s subscribers or any third party by reason of any errors or omissions caused by Seller in media or Directories furnished by Seller. Seller agrees to defend Buyer at Buyer’s request, against any such LIABILITY, claim or demand. The foregoing indemnification shall apply whether Seller or Buyer defends such suit or claims and whether the death, injury or property damage is caused by the sole acts or omissions of Seller or by the concurrent acts or omissions of Buyer and Seller hereunder. Buyer agrees to notify Seller promptly of any written claims or demands against Buyer for which Seller is responsible hereunder. If either party assumes responsibility for any such suite against the other party, then such party will not settle or compromise any such suite without the other party’s prior written consent, which will not be unreasonably withheld. Seller shall maintain, during the term hereof, all INSURANCE and/or bonds required by law, or otherwise, in each case with insurance companies rates not less than A-IX by A.M. Best (or a comparable rating by another nationally recognized rating agency), including but not limited to:
Liability Insurance; Indemnity. This ADDENDUM shall be covered by the liability, insurance and indemnity provisions in the Joint Use of Facilities Agreement, Contract #13,991 (as amended). It is the intent of the parties that the City shall be responsible during City park operating hours, and the School District shall be responsible for all other hours.
Liability Insurance; Indemnity. Company shall be strictly liable for, and hereby releases Landowner from all liability for and shall protect, defend, indemnify, and hold Landowner harmless from and against any and all Claims caused by or arising out of Company’s proposed seismic operations under this Agreement on account of Landowner’s personal injury or death, or damage to Landowner’s property as well as any Claim on account of personal injury, death, or damage to property arising in favor of or asserted by or on behalf of Third-Parties against Landowner including any and all Claims for damage to the environment of whatsoever nature related to or arising from pollution or contamination (except to the extent any such Claim arises from or is related to the conduct of Landowner or Landowner’s agents, contractors, employees, invitees, guests, or permitees other than Company). "Claim(s)” means any and all losses, expenses, costs, damages, liabilities, claims, demands, liens, causes of action, suits, judgments, settlements, regulatory proceedings, citations, orders, decrees, and taxes, of any nature, kind, or description (including without limitation, reasonable attorney fees, court costs, fines, penalties, interest, cleanup, remediation, debris removal, and well control) that may be brought or asserted against an indemnitee by any person or legal entity whomsoever. Company agrees to maintain at least $1,000,000 of coverage for Worker's Compensation and employer's liability, commercial general liability, and business auto liability with a company enrolled with or approved by the Ohio Department of Insurance to do business in the state. Landowner shall not be responsible for any loss, damage, or theft relating to Company’s property unless it is caused by Landowner’s acts or omissions.
Liability Insurance; Indemnity. Company shall be strictly liable for all damages and losses caused by or arising out of Company’s activities on or affecting Landowner’s property under this Agreement as well as for claims that may be asserted against Landowner (other than to the extent any such claims arise from the conduct of Landowner, Landowner’s agents, contractors, employees, invitees, guests and permitees other than Company). Company agrees to defend, indemnify and hold harmless Landowner from and against any and all claims, demands and causes of action for injury, including death, or damage to persons or property or fines or penalties or environmental matters arising out of, incidental to or resulting from the operations of or for Company or Company’s servants, agents, employees, guests, licensees, invitees or independent contractors, and from and against all costs and expenses incurred by Landowner by reason of any such claim or claims, including attorneys’ fees. This indemnity shall apply to any claim, however caused, or regardless of the legal grounds and basis. The provisions of this paragraph shall survive the termination or expiration of this Agreement. Company shall maintain all required Worker’s Compensation and employer’s liability insurance, and shall maintain commercial general liability, business auto, and environmental liability insurance with a company enrolled with or approved by the Ohio Department of Insurance to do business in the state in an amount of at least $1,000,000 for each type of coverage just described. Such coverage shall protect Landowner as Landowner’s interests may apply. Landowner shall not be responsible for any loss, damage, or theft relating to any Company property.
Liability Insurance; Indemnity. 12.1 Subject to the terms of this Agreement, each Party shall be liable toward third parties for any loss, damage, injury or death to the extent arising from such Party's negligence, recklessness, willful misconduct or breach of this Agreement. Neither Party shall recover from the other Party for any loss, damage, injury or death to the extent arising from such Party's negligence, recklessness or willful misconduct.
