Owner’s Indemnification for Use of Work Product. If Owner uses the Work Product under any of the circumstances identified in this Article 4, 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; 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: Standard Form of Agreement Between Owner and Design Builder (Lump Sum) (Little Sioux Corn Processors LLC), Standard Form of Agreement Between Owner and Design Builder (Lump Sum) (Little Sioux Corn Processors LLC)
Owner’s Indemnification for Use of Work Product. If Owner uses the Work Product under any of the circumstances identified in this Article 4, 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; 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 termsterms Article 5 Contract Time
Appears in 2 contracts
Samples: Standard Form of Agreement Between Owner and Design Builder—lump Sum (Aventine Renewable Energy Holdings Inc), Standard Form of Agreement Between Owner and Design Builder—lump Sum (Aventine Renewable Energy Holdings Inc)
Owner’s Indemnification for Use of Work Product. If Owner uses the Work Product under any of the circumstances identified in this Article 4, 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; 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 1 contract
Samples: Standard Form of Agreement Between Owner and Design Builder Lump Sum (Husker Ag Processing LLC)
