Common use of Liability Insurance; Manager Negligence Clause in Contracts

Liability Insurance; Manager Negligence. Manager will, subject to Section 17.5 and Section 12.3, defend, indemnify and hold Owner, its trustees, directors, officers, agents and servants, harmless from and against any and all claims, actions, liability and expense: (i) arising out of any occurrence in, upon or at the Stadium Facility, the Premises or the Common Facilities, or the occupancy or use by Manager of the Stadium Facility, the Premises or the Common Facilities or any part thereof; or (ii) occasioned wholly or in part by any negligent act or omission of Manager, its agents, employees, contractors, licensees, servants, lessees or concessionaires; except to the extent the same is caused by the willful or grossly negligent act or omission of Owner or its agents, employees or contractors. If any action or proceeding is brought against Owner, its officers, employees, agents or servants by reason of any of the aforementioned causes, Manager, upon receiving notice thereof from Owner, agrees to defend such action or proceeding by counsel reasonably acceptable to Owner at Manager's own expense. Manager agrees to insure the foregoing obligation by contractual endorsement under a commercial general public liability policy (including personal injury and property damage, terrorism and liquor liability, if applicable) to be maintained by Manager with a policy limit of not less than Five Million Dollars ($5,000,000.00) per occurrence/Five Million Dollars ($5,000,000.00) products & completed operations aggregate/Five Million Dollars ($5,000,000.00) general aggregate on a per location basis. The amounts required in this section may be satisfied by a combination of general liability and umbrella liability coverages. Manager shall cause Owner to be named as an additional insured on all policies of liability insurance maintained by Manager (including excess liability and umbrella policies) on a primary basis and non-contributory with any other insurance coverage carried by the Owner with respect to the Premises. The insurance required to be carried by Manager under this Section 17.2 shall be evidenced by a certificate of insurance (issued on an XXXXX 25 or equivalent form) from Manager's insurer, authorized agent or broker.

Liability Insurance; Manager Negligence. Manager will, subject to Section 17.5 and Section 12.3, defend, indemnify and hold Owner, its trustees, directors, officers, agents and servants, harmless from and against any and all claims, actions, liability and expense: : (i) arising out of any occurrence in, upon or at the Stadium Facility, the Premises or the Common Facilities, or the occupancy or use by Manager of the Stadium Facility, the Premises or the Common Facilities or any part thereof; or (ii) occasioned wholly or in part by any negligent act or omission of Manager, its agents, employees, contractors, licensees, servants, s, lessees or concessionaires; except to the extent the same is caused by the willful or grossly negligent act or omission of Owner or its agents, employees or contractorsOwner. If any action or proceeding is brought against Owner, its officers, employees, agents or servants by reason of any of the aforementioned causes, Manager, upon receiving notice thereof from Owner, agrees to defend such action or proceeding by counsel reasonably acceptable to Owner at Manager's own expense. Manager agrees to insure the foregoing obligation by contractual endorsement under a commercial general public liability policy (including personal injury and property damage, terrorism and liquor liability, if applicable) to be maintained by Manager with a policy limit of not less than Five Million Dollars ($5,000,000.00) per occurrence/Five Million Dollars ($5,000,000.00) products & completed operations aggregate/Five Million Dollars ($5,000,000.00) general aggregate on a per location basis. The amounts required in this section may be satisfied by a combination of general liability and umbrella liability coverages. Manager shall cause Owner to be named as an additional insured on all policies of liability insurance maintained by Manager (including excess liability and umbrella policies) on a primary basis and non-contributory with any other insurance coverage carried by the Owner with respect to the Premises. The insurance required to be carried by Manager under this Section 17.2 shall be evidenced by a certificate of insurance (issued on an XXXXX 25 or equivalent form) from Manager's insurer, authorized agent or broker.