Operator Indemnification. Operator shall protect, defend, indemnify and hold harmless each Owner Indemnitee from and against Losses and Third-Party Losses arising out of, related to, or resulting from the Willful Action of Operator. Owners shall have the right to seek compensation therefor, the amount of which shall not include any insurance proceeds Owners have received therefor; provided, however, that Owners shall have the right to also receive any insurance proceeds Operator may receive in connection with an indemnification claim made by Operator hereunder.
Operator Indemnification. Subject to the limitations hereinafter set forth, the Operator hereby agrees to indemnify and hold harmless Gateway, its officers, members, employees and agents from and against all loss, cost and expense in connection with proceedings, judicial or otherwise, and claims, demands and judgments, together with costs and expenses including attorneys' fees relating thereto, arising out of damage or injury to person or property occurring in or about the Baseball Facility which occurs after the Completion Date and while this Agreement is in effect. Notwithstanding the foregoing, in no event shall the foregoing indemnification obligation be applicable to any loss, cost or expense arising out of any Excluded Occurrences.
Operator Indemnification. Operator hereby covenants and agrees to indemnify, save and defend, at Operator’s sole cost and expense, NYRA, NYRA’s Affiliates, and its Trustees, officers, directors, agents, employees, legal representatives and shareholders of NYRA and NYRA’s Affiliates and the successors and assigns of each of the foregoing from any Losses arising from, in respect of, as a consequence of or in connection with the gross negligence or fraud of Operator, its Affiliates, and the officers, directors, agents or employees of Operator and its Affiliates with respect to the management of the Project.
Operator Indemnification. Subject to the provisions of section 11.2, Operator agrees that it shall protect, indemnify, and hold harmless Steamboat, its respective directors, officials, officers, partners, members, employees, trustees, agents, successors and assigns (collectively, the "Indemnified Parties") from and against all liabilities, damages, claims, demands, judgments, losses, costs, expenses, suits, actions or proceedings (including reasonable fees and disbursements or counsel) arising out of (i) the acts, omissions or other conduct of Operator or any of its officials, agents or employees, contractors or subcontractors of any tier in connection with its work pursuant to this Agreement or (ii) the operation of the Facilities by or under the direction of Operator; provided, however, that Operator shall not be required to reimburse or indemnify any Indemnified Party for any loss or claim to the extent such a loss or claim is due to the gross negligence or willful misconduct of that Indemnified Party.
Operator Indemnification. Subject to Sections 14.4 and 14.5, with respect to each Facility, Operator shall defend, indemnify and hold Company and its Indemnitees harmless from and against any and all claims, actions, damages, expenses (including reasonable attorneys' fees), losses or liabilities incurred by or asserted against Company or its Indemnitees for injury (including death) to persons or damage or destruction to property and any and all fees or penalties incurred by Company, including damages arising from environmental contaminants, to the extent that such claims, actions, damages, expenses, losses, liabilities, including damages arising from environmental contaminants, are caused by Operator's breach of this Agreement or the negligence or willful misconduct of Operator, its Affiliates, employees, partners, agents, officers or directors.
Operator Indemnification. Operator agrees to indemnify, save harmless and defend Owner from and against any and all liabilities, claims, penalties, forfeitures, suits and the costs of defense, settlement and reasonable attorneys' fees, which it may hereafter incur, become responsible for, or pay out as a result of death or bodily injuries to any person, destruction or damage to any property, contamination or adverse effects on the environment, or any violation of governmental laws, regulations, or orders caused in whole or in part by Operator employees, or its subcontractors in the performance of this Agreement, or from the operation of the Transfer Station by the Operator.
Operator Indemnification. 44 11.2 PNOC-EDC INDEMNIFICATION................................................45 ARTICLE 12 INSURANCE..........................................................45
Operator Indemnification. (a) The Operator shall hold free and harmless and defend PNOC-EDC its officers, contractors, and employees from any and all claims, liabilities and suits for losses and damages to properties of third parties arising from the negligence of the Operator in the prosecution of the Agreement, except to the extent caused by the negligence, gross negligence or willful misconduct of PNOC-EDC.
Operator Indemnification. Except as, and to the extent, limited by Section 8.1 of this Agreement and the terms of the Operator’s filed tariff, the Operator shall indemnify, save harmless and defend Producer, its directors, officers, agents and employees against all direct claims, indirect claims, demands, liabilities, judgments, costs, and expenses (including reasonable attorneys' fees) related to property damage, bodily injuries or death suffered by the Operator, its employees, agents, and contractors, third parties resulting from any act or failure to act by the Operator and its employees, agents, contractors in the performance of this Agreement. This Article shall survive any termination of this Agreement.
Operator Indemnification. Operator will indemnify, defend and hold City, its agents, employees, and lenders, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys’ and consultants’ fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Operator, or any third party (provided, however, that Operator shall have no liability under this Operating Agreement with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties). Operator’s obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Operator, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Operating Agreement. No termination, cancellation or release agreement entered into by City and Operator shall release Operator from its obligations under this Operating Agreement with respect to Hazardous Substances, unless specifically so agreed by City in writing at the time of such agreement.
