Common use of Liability of HMO Clause in Contracts

Liability of HMO. (a) HMO bears all risk of loss or damage to HHSC or the State due to: (1) Defects in Services or Deliverables; (2) Unfitness or obsolescence of Services or Deliverables; or (3) The negligence or intentional misconduct of HMO or its employees, agents, Subcontractors, or representatives. (b) HMO must, at the HMO’s own expense, defend with counsel approved by HHSC, indemnify, and hold harmless HHSC and State employees, officers, directors, contractors and agents from and against any losses, liabilities, damages, penalties, costs, fees, including without limitation reasonable attorneys' fees, and expenses from any claim or action for property damage, bodily injury or death, to the extent caused by or arising from the negligence or intentional misconduct of the HMO and its employees, officers, agents, or Subcontractors. HHSC will not unreasonably withhold approval of counsel selected by HMO. (c) HMO will not be liable to HHSC for any loss, damages or liabilities attributable to or arising from the failure of HHSC or any state agency to perform a service or activity in connection with this Contract.

Liability of HMO. (a) HMO bears all risk of loss or damage to HHSC or the State due to: (1) Defects in Services or Deliverables; (2) Unfitness or obsolescence of Services or Deliverables; or (3) The negligence or intentional misconduct of HMO or its employees, agents, Subcontractors, or representatives. (b) HMO must, at the HMO’s own expense, defend with counsel approved by HHSC, indemnify, and hold harmless HHSC and State employees, officers, directors, contractors and agents from and against any losses, liabilities, damages, penalties, costs, fees, including without limitation reasonable attorneys' ’ fees, and expenses from any claim or action for property damage, bodily injury or death, to the extent caused by or arising from the negligence or intentional misconduct of the HMO and its employees, officers, agents, or Subcontractors. HHSC will not unreasonably withhold approval of counsel selected by HMO. (c) HMO will not be liable to HHSC for any loss, damages or liabilities attributable to or arising from the failure of HHSC or any state agency to perform a service or activity in connection with this Contract.