Common use of Scope of Obligation Clause in Contracts

Scope of Obligation. Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 shall include the duty to defend (by counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Consultant under worker’s compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Consultant and shall continue to bind the parties after termination/completion of this agreement. This indemnification shall be regardless of and not in any way limited by the insurance requirements of this contract. This indemnification is for the full period of time allowed by law and shall survive the termination of this agreement. Consultant waives any and all rights to express or implied indemnity against the Indemnified Parties concerning any Liability of the Consultant arising out of or in connection with the Agreement or Consultant’s failure to comply with any of the terms of this Agreement. Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 shall not be excused because of the Consultant’s inability to evaluate Liability, or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The Consultant must respond within thirty (30) calendar days to any tender by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant fails to timely accept such tender, in addition to any other remedies authorized by law, as much of the money due or that may become due to the Consultant under this Agreement as shall reasonably be considered necessary by the City may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first. Consultant agrees to fully reimburse all costs, including but not limited to attorney’s fees and costs and fees of litigation incurred by the City in responding to matters prior to Consultant’s acceptance of the tender.

Scope of Obligation. ConsultantOrganization’s duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 12 shall include the duty to defend (by counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Consultant organization under worker’s compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Consultant organization and shall continue to bind the parties after termination/completion of this agreement. This indemnification shall be regardless of and not in any way limited by the insurance requirements of this contract. This indemnification is for the full period of time allowed by law and shall survive the termination of this agreement. Consultant Organization waives any and all rights to express or implied indemnity against the Indemnified Parties concerning any Liability of the Consultant organization arising out of or in connection with the Agreement or Consultantorganization’s failure to comply with any of the terms of this Agreement. ConsultantOrganization’s duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 12 shall not be excused because of the Consultantorganization’s inability to evaluate Liability, or because the Consultant organization evaluates Liability and determines that the Consultant organization is not or may not be liable. The Consultant Organization must respond within thirty (30) calendar days to any tender by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant organization fails to timely accept such tender, in addition to any other remedies authorized by law, as much of the money due or that may become due to the Consultant organization under this Agreement as shall reasonably be considered necessary by the City may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant organization accepts the tender, whichever occurs first. Consultant Organization agrees to fully reimburse all costs, including but not limited to attorney’s fees and costs and fees of litigation incurred by the City in responding to matters prior to Consultantorganization’s acceptance of the tender.

Scope of Obligation. ConsultantContractor’s duty to indemnify, protect, defend defend, and hold harmless as set forth in this Section 11 12 shall include the duty to defend (by counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Consultant Contractor under worker’s compensation, disability disability, or other employee benefit acts or the terms, applicability applicability, or limitations of any insurance held or provided by Consultant Contractor and shall continue to bind the parties after termination/completion of this agreement. This indemnification shall be regardless of and not in any way limited by the insurance requirements of this contract. This indemnification is for the full period of time allowed by law and shall survive the termination of this agreement. Consultant Contractor waives any and all rights to express or implied indemnity against the Indemnified Parties concerning any Liability of the Consultant Contractor arising out of or in connection with the Agreement or ConsultantContractor’s failure to comply with any of the terms of this Agreement. ConsultantContractor’s duty to indemnify, protect, defend defend, and hold harmless as set forth in this Section 11 12 shall not be excused because of the ConsultantContractor’s inability to evaluate Liability, or because the Consultant Contractor evaluates Liability and determines that the Consultant Contractor is not or may not be liable. The Consultant Contractor must respond within thirty (30) calendar days to any tender by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant Contractor fails to timely accept such tender, in addition to any other remedies authorized by law, as much of the money due or that may become due to the Consultant Contractor under this Agreement as shall reasonably be considered necessary by the City may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant Contractor accepts the tender, whichever occurs first. Consultant Contractor agrees to fully reimburse all costs, including but not limited to attorney’s fees and costs and fees of litigation incurred by the City in responding to matters prior to ConsultantContractor’s acceptance of the tender.

Scope of Obligation. Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 shall include the duty to defend (by counsel reasonably satisfactory to the CityCit y) as set forth in California Califor nia Civil Code § 2778. This Thi s indemnification obligation is not limited in any an y way by any limitation on the t he amount or type of damages or compensation payable by or for Consultant under worker’s compensation, disability or other employee benefit acts or the termster ms, applicability or limitations of any insurance held or provided by Consultant and shall continue to bind the parties after termination/completion of this agreement. This indemnification shall be regardless of and not in any way limited by the insurance requirements of this contract. This indemnification is for the full period p eriod of time allowed by law and shall survive the termination of this agreement. Consultant waives any and all rights to express or implied indemnity against the Indemnified Parties concerning any Liability of the Consultant arising out of or in connection with the Agreement or Consultant’s failure to comply with any of the terms of this Agreement. Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 shall not be excused because of the Consultant’s inability to evaluate Liability, or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The Consultant must respond within thirty (30) calendar days to any tender by the City, unless the time for responding has been extended ex tended by an authorized authoriz ed representative of the City Cit y in writing. If the Consultant fails to timely accept such tender, in addition to any other remedies authorized by law, as much of the money due or that may become due to the Consultant under this Agreement as shall reasonably be considered necessary by the City may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tendertende r, whichever occurs first. Consultant agrees to fully reimburse all costs, including but not limited to attorney’s fees and costs and fees of litigation litig ation incurred by the City in responding r esponding to matters matter s prior to Consultant’s acceptance of the tender.

Scope of Obligation. Consultant’s indemnification duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 10 shall include the duty to defend (by counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Consultant under worker’s compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Consultant and shall continue to bind the parties after termination/completion of this agreementAgreement. This indemnification shall be regardless of and not in any way limited by the insurance requirements of this contractAgreement. This indemnification is for the full period of time allowed by law and shall survive the termination of this agreementAgreement. Consultant waives any and all rights to express or implied indemnity against the Indemnified Parties concerning any Liability of the Consultant arising out of or in connection with the this Agreement or Consultant’s failure to comply with any of the terms of this Agreement. Consultant’s indemnification duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 10 shall not be excused because of the Consultant’s inability to evaluate Liabilityliability, or because the Consultant evaluates Liability liability and determines that the Consultant is not or may not be liable. The Consultant must respond within thirty (30) calendar days to any tender by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant fails to timely accept such tender, in addition to any other remedies authorized by law, as much of the money due or that may become due to the Consultant under this Agreement as shall reasonably be considered necessary by the City may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first. Consultant agrees to fully reimburse all costs, including but not limited to attorney’s fees and costs and fees of litigation incurred by the City in responding to matters prior to Consultant’s acceptance of the tender. The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a Claim for the purposes of this section. The Parties expressly agree that this section shall survive the expiration or early termination of the Agreement.