Owner’s Indemnification for Use of Work Product. If Owner uses the Work Product or Plant under any of the circumstances identified in this Article 5, to the fullest extent allowed by Law, Owner shall defend, indemnify and hold harmless the Indemnified Parties from and against any and all claims, damages, liabilities, losses and expenses, including attorneys’ fees, arising out of or resulting from the use of the Work Product and Plant; provided, however, that any Pass Through Warranties regarding equipment or express warranties regarding equipment provided by this Agreement shall remain in effect according to their terms.
Appears in 18 contracts
Samples: Lump Sum Design Build Agreement (E Energy Adams LLC), Master Agreement for Design, Engineering and Construction (US BioEnergy CORP), Lump Sum Design Build Contract (Ethanol Grain Processors, LLC)
Owner’s Indemnification for Use of Work Product. If Owner uses the Work Product or Plant under any of the circumstances identified in this Article 5, to the fullest extent allowed by Law4, Owner shall defend, indemnify and hold harmless the Indemnified Parties from and against any and all claims, damages, liabilities, losses and expenses, including attorneys’ fees, arising out of or resulting from the use of the Work Product and PlantProduct; provided, however, that any Pass Through Warranties “pass through” warranties regarding equipment or express warranties regarding equipment provided by this Agreement shall remain in effect according to their terms.
Appears in 5 contracts
Samples: Design Build Agreement (Heron Lake BioEnergy, LLC), Standard Form of Agreement Between Owner and Design Builder Lump Sum (Golden Grain Energy), Standard Form of Agreement Between Owner and Design Builder Lump Sum (Heron Lake BioEnergy, LLC)
Owner’s Indemnification for Use of Work Product. If Owner uses the Work Product or Plant under any of the circumstances identified in this Article 5, to the fullest extent allowed by Law, Owner shall defend, indemnify and hold harmless the Indemnified Parties from and against any and all claims, damages, liabilities, losses and expenses, including attorneys’ ' fees, arising out of or resulting from the use of the Work Product and Plant; provided, however, that any Pass Through Warranties regarding equipment or express warranties regarding equipment provided by this Agreement shall remain in effect according to their terms.
Appears in 2 contracts
Samples: Lump Sum Design Build Agreement (Green Plains Renewable Energy, Inc.), Lump Sum Design Build Agreement (Green Plains Renewable Energy, Inc.)
Owner’s Indemnification for Use of Work Product. If Owner uses the Work Product or Expansion Plant under any of the circumstances identified in this Article 5, to the fullest extent allowed by Law, Owner shall defend, indemnify and hold harmless the Indemnified Parties from and against any and all claims, damages, liabilities, losses and expenses, including attorneys’ fees, arising out of or resulting from the use of the Work Product and Expansion Plant; provided, however, that any Pass Through Warranties regarding equipment or express warranties regarding equipment provided by this Agreement shall remain in effect according to their terms.
Appears in 2 contracts
Samples: Lump Sum Design Build Expansion Agreement (Little Sioux Corn Processors LLC), Lump Sum Design Build Expansion Agreement (US BioEnergy CORP)
Owner’s Indemnification for Use of Work Product. If Owner uses the Work Product or Plant under any of the circumstances identified in this Article 5, to the fullest extent allowed by Law, law. Owner shall defend, indemnify and hold harmless the Indemnified Parties from and against any and all claims, damages, liabilities, losses and expenses, including attorneys’ ' fees, arising out of or resulting from the use of the Work Product and Plant; provided, however, that any Pass Through Warranties "pass through" warranties regarding equipment or express warranties regarding equipment provided by this Agreement shall remain in effect according to their terms.
Appears in 2 contracts
Samples: Lump Sum Design Build Agreement (Red Trail Energy, LLC), Lump Sum Design Build Agreement (Red Trail Energy, LLC)
