Common use of Release and Indemnification Covenants Clause in Contracts

Release and Indemnification Covenants. (1) The Developer releases from and covenants and agrees that the City and its governing body members, officers, agents, servants and employees shall not be liable for and agrees to indemnify and hold harmless the City and its governing body members, officers, agents, servants, and employees against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Project. (2) Except for any willful misrepresentation or any willful or wanton misconduct of the following named parties, the Developer agrees to protect and defend the City and its governing body members, officers, agents, servants and employees, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from a breach of the obligations of the Developer under this Agreement, or the transactions contemplated hereby or the acquisition, construction, ownership, maintenance and operation of the Project. (3) The City and its governing body members, officers, agents, servants and employees shall not be liable for any damages or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be about the Project due to any act of negligence of any person. (4) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof.

Release and Indemnification Covenants. (1a) The Developer releases from and covenants and agrees that the City City, and its governing body members, officers, agents, servants and employees shall not be liable for and agrees to indemnify and hold harmless the City and its governing body members, officers, agents, servants, and employees thereof shall not be liable for, and agrees to defend, indemnify and hold harmless the City, and the governing body members, officers, agents, servants, and employees thereof, against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the ProjectMinimum Improvements or the Development Property. (2b) Except for any willful misrepresentation or any willful or wanton misconduct of the following named parties, the Developer agrees to protect and defend the City City, and its the governing body members, officers, agents, servants servants, and employeesemployees thereof, now or and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from a breach of the obligations of the Developer under this Agreement, or the transactions contemplated hereby hereby, or the acquisition, construction, installation, ownership, maintenance and operation of the ProjectMinimum Improvements and the Development Property. (3c) The City City, and its the governing body members, officers, agents, servants servants, and employees thereof shall not be liable for any damages damage or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be about the Project Development Property or the Minimum Improvements due to any act of negligence of any person. (4d) All covenants, stipulations, promises, agreements agreements, and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements agreements, and obligations of the City City, and not of any governing body member, officer, agent, servant servant, or employee of the City in the individual capacity thereof.

Release and Indemnification Covenants. (1) The Developer releases from and covenants and agrees that the City City, and its governing body bodies’ members, officers, agents, including the independent contractors, consultants and legal counsel, servants and employees thereof (hereinafter, for purposes of this Section, collectively the “Indemnified Parties”) shall not be liable for and agrees to indemnify and hold harmless the City and its governing body members, officers, agents, servants, and employees Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Project, except to the extent caused by any willful misrepresentation or any willful or wanton misconduct of the Indemnified Parties. (2) Except for any willful misrepresentation or any willful or wanton misconduct of the following named partiesIndemnified Parties, the Developer agrees to protect and defend the City and its governing body members, officers, agents, servants and employeesIndemnified Parties, now or and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from a breach of the obligations actions or inactions of the Developer (or if other persons acting on its behalf or under its direction or control) under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, maintenance and operation of the Project; provided, that this indemnification shall not apply to the warranties made or obligations undertaken by the City in this Agreement. (3) The City and its governing body members, officers, agents, servants and employees shall not be liable for any damages or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be about the Project due to any act of negligence of any person. (4) All covenants, stipulations, promises, agreements and obligations of the City City, respectively, contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City City, respectively, and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereofCity, respectively.

Release and Indemnification Covenants. (1a) The Developer releases from and covenants and agrees that Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the City and its governing body members, officers, agents, servants and employees shall not be liable for and agrees to indemnify and hold harmless thereof (the City and its governing body members, officers, agents, servants, and employees against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Project. (2) Except for any willful misrepresentation or any willful or wanton misconduct of the following named "indemnified parties"), the Developer agrees to protect and defend the City and its governing body members, officers, agents, servants and employeesindemnified parties, now or forever, and further agrees to hold the aforesaid harmless indemnified parties harmless, from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from a breach (i) any violation of the obligations any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by the Developer against the City to enforce its rights under this Agreement, ) or (ii) the transactions contemplated hereby or the acquisition, construction, ownership, maintenance and operation undertaking of the ProjectProject or (iii) any hazardous substance introduced to the Parcel after the Developer acquired the Parcel. (3b) The City and its governing body members, officers, agents, servants and employees indemnified parties shall not be liable for any damages damage or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be about the Project due to any act of negligence of any person, other than any act of negligence on the part of any such indemnified party or its officers, agents, servants or employees. (4c) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. (d) The provisions of this Section 3.1 shall survive the expiration or termination of this Agreement.

Release and Indemnification Covenants. (1a) The Developer releases from and covenants and agrees that the City Authority and its the governing body members, officers, agents, servants and employees thereof shall not be liable for and agrees to indemnify and hold harmless the City Authority and its the governing body members, officers, agents, servants, servants and employees thereof against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the ProjectMinimum Improvements. (2b) Except for any willful misrepresentation or any willful or wanton misconduct of the following named parties, the Developer agrees to protect and defend the City Authority and its the governing body members, officers, agents, servants and employeesemployees thereof, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from a breach of the obligations of the Developer under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, maintenance and operation of the ProjectMinimum Improvements. (3c) The City Authority and its the governing body members, officers, agents, servants and employees thereof shall not be liable for any damages damage or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be about the Project Development Property or Minimum Improvements due to any act of negligence of any person. (4d) All covenants, stipulations, promises, agreements and obligations of the City Authority contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City Authority and not of any governing body member, officer, agent, servant or employee of the City Authority in the individual capacity thereof.

Release and Indemnification Covenants. (1) The Developer Company releases from and covenants and agrees that the City and its governing body members, officers, agents, servants and employees shall not be liable for and agrees to indemnify and hold harmless the City City, and its governing body members, officers, agents, servants, and employees against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Project. (2) Except for any willful misrepresentation or any willful or wanton misconduct of the following named parties, the Developer Company agrees to protect and defend the City City, and its governing body members, officers, agents, servants and employees, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, such, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from a breach of the obligations of the Developer Company under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, maintenance and operation of the Project. (3) The City and its governing body members, officers, agents, servants and employees shall not be liable for any damages or injury to the persons or property of the Developer Company or its officers, agents, servants or employees or any other person who may be about the Project due to any act of negligence of any person. (4) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof.