Operator’s Indemnification. Operator shall indemnify, hold harmless and defend Pepco, its Affiliates, and their respective officers, directors, employees, agents, contractors, subcontractors, invitees and successors, from and against any and all claims, demands, suits, obligations, payments, liabilities, costs, losses, judgments, damages and expenses (including the costs and expenses of any and all actions, suits, proceedings, assessments, judgments, settlements, and compromises relating thereto, reasonable attorneys' and expert fees and reasonable disbursements in connection therewith) for any loss or liability, damage to property, injury to or death of any person, including Pepco's employees, Operator's employees and their Affiliates' employees, or any third parties, to the extent caused wholly or in part by any act or omission, negligent or otherwise, by Operator or its officers, directors, employees, agents, contractors, subcontractors and invitees arising out of or connected with Operator's performance or breach of this Agreement, or the exercise by Operator of its rights hereunder.
Operator’s Indemnification. Subject to the terms of this Agreement, including, without limitation, Section 9.7 of this Agreement, Operator shall indemnify, defend, and hold harmless the Owner Indemnified Parties from and against all Claims and Losses arising out of or relating to (i) allegations of death or bodily injury or damage to property, to the extent arising out of or resulting from the negligence, gross negligence or willful misconduct of Operator, its Affiliates or its or their respective officers, directors, employees, or contractors in connection with this Agreement or the performance hereof; provided that Operator shall not be required to indemnify the Owner Indemnified Parties against such Claims or Losses to the extent such Claims or Losses are attributable to the acts or omissions of any Owner Indemnified Party, and (ii) any breach of this Agreement by Operator. The duty to indemnify, defend and hold harmless under this Section 8.4.2 shall continue in full force and effect, notwithstanding the expiration or early termination of this Agreement, with respect to any Claims or Losses based on facts or conditions that occurred prior to such expiration or termination.
Operator’s Indemnification. The Operator hereby agrees to release, indemnify, defend and hold harmless the Municipality, including each of its respective employees, officers, directors, representatives, agents, legal counsel and consultants from and against any and all claims, causes of action, demands, losses, costs, charges, fees, expenses, duties, dues, accounts, covenants, or other proceedings of every kind or nature whatsoever at law or in equity brought against, suffered by or imposed which arise out of or are related to any loss, damage or injury to any person or property (including injury resulting in death) which:
Operator’s Indemnification. Except as otherwise set forth herein, Operator covenants and agrees that it will protect, keep and defend Manager forever harmless and indemnified against and from any penalty or damage or charges imposed for any violation of any laws or ordinances, including, without limitation, Gaming Laws, occasioned by the negligence of Operator or those holding under Operator, and that Owner will at all times protect; indemnify, defend and save and keep Manager harmless against and from any and all claims and against and from any and all loss, cost, damage or expense, including reasonable attorneys’ fees, arising out of any negligence of Operator in any respect to comply with and perform all of the requirements and provisions hereof; except to the extent that any penalty, damage, charge, loss, cost or expense is caused by the negligent or wanton or willful acts of Manager or its members, managers, officers, employees or agents. Without limiting the generality of the foregoing, and with the inclusion of the same exceptions as set forth above, Operator covenants and agrees that it will protect, keep and defend Manager forever harmless and indemnified against any and all debt, claim, demand, suit or obligation of every kind, character and description that may be asserted, claimed, filed or brought against Manager where such claim arises out of or is asserted in connection with Operator ownership of the Casino or the Land. Notwithstanding the foregoing, this indemnity does not apply to loss or damage occasioned by defects in the Casino and Operator shall not indemnify Manager as to any claim, loss, cost, damage, expense, penalty or obligation in the event such claim, loss, cost, damage, expense, penalty or obligation is within the scope of or is the subject of one or more policies of insurance obtained by Operator or Manager. Under no circumstances shall the liability of Operator for indemnification hereunder exceed the amount of One Million Dollars ($1,000,000).
Operator’s Indemnification. Operator indemnifies, exonerates and holds harmless Manager from and against any claim, loss, cost, damage, expense or other liability arising out of (i) any misrepresentation of Operator under this Agreement, or (ii) the performance by Manager of services under this Agreement, excepting only liability caused by the wrongful acts or omissions of Manager committed willfully and in bad faith. This indemnity agreement shall include indemnity against all costs, expenses and liabilities incurred in connection with any such claim or liability, or proceeding brought, and the defense thereof with legal counsel reasonably acceptable to Manager. Manager shall be liable only for wrongful acts or omissions of Manager committed willfully and in bad faith. In no event shall Manager be liable for consequential, indirect, special, punitive, or like damages on account of a default under this Agreement or otherwise.
Operator’s Indemnification. Operator shall defend, indemnify and save Owner, its agents, employees, officers, directors, and representatives harmless from claims of third parties for physical damage to property and personal injury, including death, occurring on the Facility premises, as well as to invitees as such are permitted under Section 6.3, in each case, to the extent arising out of the Operator’s obligations under this Agreement, unless such loss, liability or damage results from such indemnified person’s fraud, gross negligence or willful misconduct (as finally determined by a court of competent jurisdiction). Any indemnification payable by Operator to Owner hereunder shall be net of any insurance proceeds received by Owner under Owner’s insurance policies with respect to the circumstances giving rise to Operator’s indemnification of Owner hereunder.
Operator’s Indemnification. Throughout the term of this Operating Agreement, Operator agrees to indemnify and save harmless HFH from and against all claims of whatever nature, except those resulting from the negligence of HFH or its agents, arising from any act, omission or negligence of Operator, or Operator's contractors, agents, servants or employees, or arising from any accident, injury or damage whatsoever caused to any person, or to the property of any person, occurring during the term hereof in or about the demised premises, or if such accident, damage or injury results, or is claimed to have resulted, from any act or omission of Operator, or its agents or employees. This indemnity and hold harmless agreement shall include indemnity against all costs, expenses, attorney fees and/or liabilities in, or connected with, any such claim or proceeding brought thereon in defense thereof.