Reciprocal Indemnity. To the fullest extent permitted by applicable Law and except as otherwise set forth in Section 3.5(c) and Section 7.3:
Reciprocal Indemnity. Producer agrees to indemnify and hold IMG and its insurers harmless from any and all claims, penalties, fines, actions, losses, damages, costs and expenses (including attorneys’ fees) (collectively, “Claims”) incurred or suffered by or assessed against IMG or its insurers arising out of or resulting from any default or breach by Producer hereunder. Likewise, IMG agrees to indemnify and hold Producer harmless from any and all Claims incurred or suffered by or assessed against Producer arising out of or resulting from any default or breach by IMG hereunder.
Reciprocal Indemnity. (a) Seller shall hold harmless, indemnify and defend Purchaser against any and all obligations, claims, losses, damages, liabilities and expenses (including reasonable attorneys’ fees and other charges), (i) arising out of events, contractual obligations, acts or omissions of Seller or its agents that occurred in connection with the ownership or operation of the Property prior to the Closing, including employee wages and benefits, or (ii) arising out of damage to property or injury to or death of any person occurring on or about or in connection with the Property or any portion thereof or with respect to the Hotel’s operations at any time or times prior to the Closing or any claims for any debts or obligations incurred by Seller relating to the Property, or (iii) arising out of any Environmental Damages caused by Seller or its predecessors prior to Closing (provided, however, that Seller shall not have liability for any Environmental Damage arising from a condition of which Purchaser was aware prior to Closing). This provision shall survive Closing.
(b) Purchaser shall hold harmless, indemnify and defend Seller against any and all obligations, claims, losses, damages, liabilities and expenses (including, without limitation, reasonable attorneys’ fees and other charges) (i) arising out of events, contractual obligations, acts or omissions of Purchaser or its agents that occur in connection with the ownership or operation of the Property after the Closing including employee wages and benefits, (ii) arising out of any damage to property or injury to or death of any person occurring on or about the Property or any portion thereof at any time after the Closing or any claims for any debts or obligations incurred by Purchaser relating to the Property; or (iii) arising out of any Environmental Damages caused by Purchaser after Closing. This provision shall survive Closing.
Reciprocal Indemnity. 15.1 Each Party (“the Indemnifying Party”) shall indemnify, defend and hold harmless the other Party (“the Indemnified Party”), its employees, principals (partners, shareholders or holders of an ownership interest, as the case may be) and agents, from and against any third party claims, demands, loss, damage or expense relating to:
15.1.1 bodily injury or death of any person directly caused solely by the negligence of the Indemnifying Party, its personnel or agents in connection with this Agreement;
15.1.2 any fraudulent act or omission of the Indemnifying Party, its affiliates or personnel in connection with this Agreement; and
15.1.3 a breach of clauses 10 or 11 by the Indemnifying Party.
Reciprocal Indemnity. Notwithstanding any other provisions of this Article 8 to the contrary, Lessee shall not be required to indemnify and hold Lessor, or its agents, master or ground lessor, partners or lenders harmless from any loss, cost, liability, damage or expense, including, but not limited to, penalties, fines, attorneys' fees or costs (collectively "Claims"), to any person, property or entity resulting from the negligence or willful misconduct of Lessor or its agents, contractors, servants, employees or licensees in connection with Lessor's activities in the Building (except for damage to the Lessee's tenant improvements and Lessee's personal property, fixtures, furniture and equipment in the Premises, to the extent Lessee is required to obtain insurance coverage therefor pursuant to the terms of this Lease) or the Office Building Project. Because Lessor is required to maintain insurance on the Office Building Project and Lessee compensates Lessor for such insurance as part of Lessee's Share of Operating Expenses and because of the waivers and subrogation set forth in Paragraph 8.6, Lessor hereby indemnifies and holds Lessee harmless from any Claim for damage to any property outside of the Premises to the extent such Claim is covered by such insurance (or would have been if Lessor had carried the insurance required hereunder) and is not covered by Lessee's insurance. Lessee's agreement to indemnify and hold Lessor harmless and the exclusion from Lessee's indemnity and Lessor's agreement to indemnify and hold Lessee harmless are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Lessor or Lessee, respectively, pursuant to this Lease to the extent that such policies cover the results of such acts, omissions or willful misconduct. If Lessor or Lessee has been or at any time hereafter is granted the right to self insure or if either party breaches this Lease by its failure to carry required insurance, such failure shall automatically be deemed to be a covenant and agreement by Lessor or Lessee, respectively, to self-insure to the full extent of such required coverage, with full waiver of subrogation.
Reciprocal Indemnity. The Tenant agrees to indemnify and save the Landlord harmless and the Landlord agrees to indemnify and save the Tenant harmless for and from all expense, damage, loss or fines incurred or suffered by reason of any breach, violation or non-performance of any covenant or provision of this Lease and by reason of damage to persons or property caused by the Tenant or the Landlord, their employees, or agents or persons visiting or doing business with the Tenant in respect of or on the Property.
Reciprocal Indemnity. To the fullest extent permitted by applicable Law and except as otherwise set forth in Section 3.5(c) and Section 7.3:
(a) Producer Indemnification. Producer shall release, protect, defend, indemnify and hold harmless Midstream Co Group from and against all Losses directly or indirectly arising out of or in connection with bodily injury, death, illness, disease, or loss or damage to property of Producer or any member of Producer Group in any way arising out of or relating to this Agreement, directly or indirectly. THIS RELEASE, DEFENSE AND INDEMNITY OBLIGATION SHALL APPLY REGARDLESS OF FAULT OF MIDSTREAM CO GROUP OR ANY OTHER PERSONS.
(b) Midstream Co Indemnification. Midstream Co shall release, protect, defend, indemnify and hold harmless Producer Group from and against all Losses directly or indirectly arising out of or in connection with bodily injury, death, illness, disease, or loss or damage to property of Midstream Co or any member of Midstream Co Group in any way arising out of or relating to this Agreement, directly or indirectly. THIS RELEASE, DEFENSE AND INDEMNITY OBLIGATION SHALL APPLY REGARDLESS OF FAULT OF PRODUCER GROUP OR ANY OTHER PERSONS.
(c) Regardless of Fault. AS USED IN THE PRECEDING TWO SUBCLAUSES, THE PHRASE “REGARDLESS OF FAULT” SHALL MEAN, WITH RESPECT TO ANY LOSS THAT IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, COMPARATIVE, CONTRIBUTORY, ACTIVE, PASSIVE, OR OTHERWISE), STRICT LIABILITY, OR OTHER FAULT, OF ANY MEMBER OF MIDSTREAM CO GROUP OR THE PRODUCER GROUP, WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF AND WITHOUT LIMITATION OF SUCH LOSS AND WHETHER OR NOT CAUSED BY A PRE-EXISTING CONDITION.
Reciprocal Indemnity. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, EACH PARTY SHALL INDEMNIFY AND HOLD HARMLESS THE OTHER PARTY, ITS AFFILIATES, AGENTS, SUCCESSORS, REPRESENTATIVES AND PERMITTED ASSIGNS FOR, AGAINST AND FROM ANY CLAIM, LIABILITY, DAMAGE, LOSS OR EXPENSE OF ANY KIND OR NATURE (INCLUDING REASONABLE ATTORNEYS' FEES), (A) FOR PERSONAL INJURY TO OR DEATH OF ANY PERSON, (B) FOR LOSS OF OR DAMAGE TO PROPERTY OF THIRD PARTIES OR THE REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY OF SUCH OTHER PARTIES, OR (C) ARISING OUT OF OR RESULTING FROM PERFORMANCE OF OBLIGATIONS UNDER THIS AGREEMENT, IN EACH INSTANCE TO THE EXTENT DETERMINED TO BE ATTRIBUTABLE TO THE -------------------------------------------------------------------------------- Interconnection Agreement between -45- EXECUTION VERSION El Paso Electric Company and Public Service Company of New Mexico NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR STRICT LIABILITY IN TORT OF OR BREACH OF THIS AGREEMENT BY THE INDEMNITOR OR ITS AFFILIATES, AGENTS, SUCCESSORS OR PERMITTED ASSIGNS.
Reciprocal Indemnity. (1) TIG shall not be responsible for any act or omission of the Trust occurring prior to the Effective Date with respect to workers' compensation policies issued by the Trust prior to the Effective Date and the Trust agrees to save, defend, indemnify and hold harmless TIG (including payment of reasonable attorney's fees) from any and all suits, claims, hearings, actions, damages of any kind, liability, fines or penalties arising out of any act or omission with regard to such workers' compensation policies.
(2) The Trust shall not be responsible for any act or omission of TIG occurring on or after the Effective Date with respect to workers' compensation policies issued by TIG on or after the Effective Date and TIG agrees to save, defend, indemnify and hold harmless the Trust (including payment of reasonable attorney's fees) from any and all suits, claims, hearings, actions, damages of any kind, liability, fines or penalties arising out of any act or omission with regard to such workers' compensation policies.
Reciprocal Indemnity. Producer agrees to indemnify, defend and hold MSGA harmless from any and all claims, penalties, fines, actions, losses, damages, costs and expenses, including attorneys’ fees (collectively, “Claims”), to the extent allowed by applicable law, incurred or suffered by or assessed against MSGA arising out of or resulting from any act, misrepresentation, error or omission made in connection with the performance of this Agreement, or any default or breach by Producer xxxxxxxxx. MSGA agrees to indemnify and hold producer harmless from any and all claims, penalties, fines, actions, losses, damages, costs and expenses, including attorneys’ fees (collectively, “Claims”), to the extent allowed by applicable law, incurred or suffered by or assessed against producer arising out of or resulting from any act, misrepresentation, error or omission made in connection with the performance of this Agreement, or any default or breach by MSGA hereunder.
