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 Premises or the conduct of Tenant’s business or profession therein; (ii) any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, Common Area, or the Building; (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 or willful acts or omissions of Tenant, or of Tenant’s agents, employees or contractors, on or about the Premises, Common Area, or the Building. Tenant shall and hereby does further indemnify, defend and hold Landlord harmless from and against all costs, reasonable attorneys’ 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. Except as set forth in this Lease and subject to Landlord’s obligations hereunder, 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 Premises from any cause other than the negligence or intentional act or omission of a Landlord or its representatives, employees or agents.
(b) Landlord shall and hereby does indemnify and hold Tenant harmless from and against any and all claims brought against Tenant by a third party arising from: (i) any breach or default in the performance of any obligation on Landlord’s part to be performed under the terms of this Lease; (ii) the presence of any hazardous materials in or under the Building or Land existing on or before the Commencement Date or introduced by Landlord and/or its employees, contractors, and agents; and (ii) the negligent or willful acts of Landlord, or of Landlord’s agents, employees or contractors, on or about the Premises, Common Area, or the Building. Landlord shall and hereby does further indemnify, defend and hold Tenant harmless from and against all costs, reasonable attorneys’ 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 Tenant by reason of any such claim, Landl...
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.
9.2 Tenant shall indemnify and hold Landlord harmless against any and all claims and demands arising from the negligence of the Tenant, its officers, agents and/or employees, as well as those arising from Tenant’s failure to comply with any covenant of this Lease on its part to be performed, and shall at its own expense defend the Landlord against any and all suits or actions arising out of such negligence, or failure to comply, actual or alleged, and all appeals therefrom and shall satisfy and discharge any judgment which may be awarded against Landlord in any such suit or action.
9.3 Landlord shall maintain in effect at all times insurance against damage or loss to the leased premises. Insurance on tenant’s contents or business operation shall be the responsibility of the tenant.
9.4 Tenant covenants and agrees to pay Landlord an amount equal to the escalation in insurance premiums on the Landlord’s premises arising out of the occupancy of the Tenant.
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.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LEGAL REQUIREMENTS, AND EXCEPT FOR CLAIMS PURSUANT TO SECTIONS 8.5, 8.6 AND 8.7 AND IN CIRCUMSTANCES WHERE AWARDED TO A THIRD PARTY, (A) NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS OR OTHER SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, ARISING FROM THE PERFORMANCE OF, OR RELATING TO, THIS AGREEMENT REGARDLESS OF WHETHER SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF, OR THE FORESEEABILITY OF, SUCH DAMAGES; AND (B) EACH PARTY’S LIABILITY FOR DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OR NEGOTIATION HEREOF WILL NOT EXCEED THE AMOUNT OF THE INVOICE FOR THE SHIPMENT OF RAW MATERIALS WITH RESPECT TO WHICH SUCH LOSSES, DAMAGES, LIABILITIES OR EXPENSES AROSE.
8.3 Each Party shall take all necessary steps, at its own cost and its own behalf to properly insure, with a reputable insurance company as far as reasonably possible, its entire legal liability resulting from its activity performed pursuant to this Agreement.
8.4 Each Party shall promptly inform the other Party of any significant claims or threatened claims in connection with the Raw Materials and shall consult with the other Party with respect to such claims or threatened claims.
8.5 AASTROM will indemnify, defend and hold harmless GENZYME and its officers, directors, agents, employees and Affiliates, from and against any and all Damages, including reasonable attorneys’ fees (collectively, “Losses”) arising out of, relating to or resulting from (a) AASTROM’s material breach of this Agreement, (b) AASTROM’s gross negligence or willful misconduct in connection with its receipt of Raw Materials pursuant to this Agreement or (c) AASTROM’s use or GENZYME’s provision of Raw Materials supplied pursuant to this Agreement, except for those ...
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.
B. LTCPA shall not be liable or suffer loss for any claim, injury, demand, or judgment of any kind whatsoever arising out of the sale, compounding, dispensing, manufacturing, consultation or use of any prescription drug or any service provided by a Pharmacy or Provider pursuant to this Agreement. Regardless of the insurance coverage required herein above, Provider shall indemnify, defend and hold harmless LTCPA, it's officers, directors and employees, against the full amount of any and all loss, expense, claim, or damage (including expert and professional fees and attorneys fees) arising out of or attributable to the sale, compounding, dispensing, manufacturing, consultation or use of any prescription drug or any service provided by a Pharmacy or Provider pursuant to this Agreement.
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 suit against the other party, then such party will not settle or compromise any such suit 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:
(1) Worker’s Compensati...
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.
12.2 Except as set forth in Section 12.6 and except for any breach of Article IX, in no event will PFI be liable under this Agreement for any damages, claims, indemnification obligation or other losses of any kind or nature under or in connection with this Agreement, whether in contract, tort, statute or otherwise, to the extent that such losses exceed in the aggregate (for all claims and occurrences) the revenues received by PFI under this Agreement during the twelve (12) month period immediately preceding the applicable loss.
12.3 Subject to Section 12.5 below, each Party shall take all necessary steps, at its own cost and on its own behalf to properly insure as far as reasonably possible, its entire legal liability to any third party which might be incurred as a consequence of its activity relating to this Agreement. Each Party undertakes to inform the other Party upon request therefore of the identity of their respective insurance carriers.
12.4 Subject to Section 12.5 below, during the Term each Party hereto shall obtain, pay for, and keep in full force and effect (a) comprehensive general liability insurance with one or more reputable insurance carriers; (b) warehouse liability insurance; and (c) other insurance required by Requirements of Law in relation to the full performance of its obligations under this Agreement.
12.5 Notwithstanding the foregoing, PFI shall only be required to obtain or maintain such insurance to the extent such insurance was in full force and effect for the six-month period immediately prior to the Effective Date and shall not be required to incur any costs or other liabilities which are greater than the costs incurred by PFI in the ordinary course of business consistent with past practices of the RF Business prior to the Effective Date; provided that PFI shall cooperate with RF to obtain and maintain such insurance as may be reasonably requested by RF, including without limitation, warehouse liability insurance, if RF agrees to reimburse PFI for the cost (or additional cost) with respect to such insurance.
12.6 E...
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. 18.1 During the term of the Agreement, agrees to maintain, at its sole cost and expense, the following insurance coverage: Workmen’s Compensation (as required in accordance with North Dakota law) and commercial general liability and automobile liability with minimum limits of liability of $1,000,000 per person and $3,000,000 per occurrence, through an appropriate entity authorized to do business in North Dakota. NDSU shall not be responsible for any liability to Personnel or agents of due to their involvement in or as it may pertain to this Project. shall also provide the equivalent insurance coverage for real property and equipment acquired with funds under this Agreement as is provided to other property owned by .
18.2 agrees to defend, indemnify and hold harmless the State of North Dakota, its agencies, officers and employees (State) from and against claims based on the vicarious liability of the State or its agents, but not against claims based on the State’s contributory negligence, comparative and/or contributory negligence, or fault, sole negligence, or intentional misconduct. The legal defense provided to the State under this provision must be free of any conflicts of interest, even if retention of separate legal counsel for the State is necessary. also agrees to defend, indemnify and hold the State harmless for all costs, expenses and attorneys’ fees incurred if the State prevails in an action against in establishing and litigating the indemnification coverage provided herein. This obligation shall continue after the termination of this agreement.
18.3 NDSUs tort liability is governed by the North Dakota Tort Claims Act, N.D.C.C. ch. 32-12.
Liability Insurance; Indemnity. 13.1. Nothing in the Contract excludes either party’s liability for death or personal injury caused by that party’s negligence or wilful default.
13.2. The Freelance shall arrange and maintain adequate insurance of at least the full value of any such Product(s) in relation to loss or damage of any Product(s) provided under the Contract where risk has not yet passed to the BBC pursuant to Clause 12.
13.3. The Freelance shall produce to the BBC, on demand, copies of the insurance policies maintained in accordance with the terms of this Contract, and receipts for premiums required to be paid in relation to such policies.
13.4. Where the Freelance engages a sub-contractor ( other than a service company providing the services of a named individual) in accordance with Clause 23 the Freelance shall ensure that the sub-contractor holds its own public liability insurance, and where applicable product liability insurance, with an adequate indemnity limit which shall be no less than three million pounds sterling (£3,000,000) with scope of cover appropriate to the Services provided under the Contract. For the avoidance of doubt, such minimum insurance level shall not be a limit of liability under the Contract.
13.5. The Freelance shall be responsible for insuring any equipment including without limitation motor vehicles or mobile plant provided by the Freelance to perform the Services against loss or damage and liabilit ies to third parties and anyone carried in or on such equipment.
13.6. The Freelance shall indemnify the BBC against all costs and expenses (including legal costs), losses and liabilities which the BBC may incur as a result of :
13.6.1. the Freelance’s breach of or non-compliance with its obligations or warranties under the Contract;
13.6.2. the Freelance’s negligence or wilful default;
13.6.3. any claims from third parties made as a result of its acts or omissions (including relating to infringement of any IPR supplied under or used in connection with the Contract).
13.7. Neither party shall be liable for any “consequential” or “special” or “indirect” losses, loss of profits, revenues and/or business, anticipated savings, in each case, whether or not in the contemplation of the parties at the time of entering into the Contract, unless expressly set out in the Contract.
Liability Insurance; Indemnity. BBT agrees to indemnify and save Xxxx Atlantic harmless from any liabilities, claims, or demands (including the costs, expenses and reasonable attorney's fees on account thereof) that may be made:
