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. 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:
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. (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.
Reciprocal Indemnity. With respect to the administration of this Agreement, the Agency agrees to indemnify, defend, and hold harmless the Seller, its respective officers, directors, employees and agents (individually, a “Seller Indemnitee” and collectively, the “Seller Indemnitees”) from and against any and all third party suits, demands, claims, causes of action, losses, liabilities, penalties, charges, costs and expenses, including reasonable investigation costs, attorneys’ fees and disbursements, and fees of consultants and expert witnesses (collectively, a “Third Party Claim”) that may be imposed on, incurred by or asserted against the Seller Indemnitees by reason of, on account of or in connection with any negligence, willful misconduct or failure to act (when obligated to do so) by the Agency, its agents, contractors or employees relating to the use of the Easement by the Agency, its employees or agents pursuant to this Agreement. The Seller agrees to indemnify, defend, and hold harmless the Agency, its elected officials, officers, directors, employees, attorneys and agents (individually, an “Agency Indemnitee” and collectively, the “Agency Indemnitees”) from and against any and all Third Party Claims that may be imposed on, incurred by or asserted against the Agency Indemnitees by reason of, on account of or in connection with any negligence, willful misconduct or failure to act (when obligated to do so) by the Seller, its respective agents, contractors or employees relating to the use of the Easement by the Seller, its respective employees or agents. The indemnity and defense obligations of the Agency and the Seller under this Agreement shall not be affected by the absence or unavailability of insurance covering the same or by failure or refusal by any insurance carrier to perform any obligation on its part under any such policy of insurance. If a Seller Indemnitee or an Agency Indemnitee (each an “Indemnitee”) is entitled to defense or indemnification under this Agreement (each, an “Indemnification Claim”), the Agency or the Seller, as applicable (the “Indemnitor”), shall not be obligated to defend, indemnify or hold harmless Indemnitee, unless and until Indemnitee provides written notice to Indemnitor, promptly after such Indemnitee has actual knowledge of the facts or circumstances of the Third Party Claim on which such Indemnification Claim is based, describing in reasonable detail such facts and circumstances of the Third Party Claim with respect to such Indemnific...
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 First Amended and Restated Interconnection Agreement between El Paso Electric Company and Public Service Company of New Mexico 43 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 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. Notwithstanding any provisions of Lease Sections 17.1 and 17.2 to the contrary, Tenant shall not be required to indemnify and hold Landlord harmless from any Indemnified Claims to any person, property or entity resulting from the gross negligence or willful misconduct of Landlord or its agents, contractors, servants, employees or licensees in connection with Landlord’s activities in the Building (except for damage to the Tenant Changes and Tenant’s personal property, fixtures, furniture and equipment in the Premises, to the extent Tenant is required to obtain the requisite insurance coverage pursuant to the Lease) or the Project. Landlord shall indemnify and hold Tenant harmless from any such Indemnified Claims (but not including any loss of business, loss of profits or other consequential damages); provided, however, to the extent any damage or repair obligation is covered by insurance obtained by Landlord, but is not covered by insurance obtained by Tenant, then Tenant shall be relieved of its indemnity obligation up to the amount of the insurance proceeds which Landlord is entitled to receive. Tenant’s agreement to indemnify and hold Landlord harmless pursuant to Section 17.2 above and the exclusion from Tenant’s indemnity and Landlord’s agreement to indemnify and hold Tenant harmless pursuant to this provision are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Landlord or Tenant, respectively, pursuant to the Lease to the extent that such policies cover the results of such acts, omissions or willful misconduct.
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.
Reciprocal Indemnity. Landlord shall indemnify and hold Tenant harmless from any Indemnified Claims resulting from the gross negligence or willful misconduct of Landlord or its agents, contractors, servants, employees, or licensees (but not including any loss of business, loss of profits or other consequential damages). In addition, to the extent any damage or repair obligation is covered by insurance obtained by Landlord, but is not covered by insurance obtained by Tenant, then Tenant shall be relieved of its indemnity obligation up to the amount of the insurance proceeds which Landlord is entitled to receive.
