SECTION 11 – INDEMNIFICATION. The Property Owner shall indemnify, hold harmless and defend the County and its authorized agents, officers, officials and employees from and against any and all claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees claimed or which might arise or be asserted against the County that are alleged or proven to result or arise from the construction, presence, existence, inspection or maintenance of the treatment measure(s) by the Property Owner or the County. In the event a claim is asserted against the County, its authorized agents, officers, officials or employees, the County shall promptly notify the Property Owner and the Property Owner shall defend at its own expense any suit based on such claim. If any judgment or claims against the County, its authorized agents, officers, officials or employees shall be allowed, the Property Owner shall pay for all costs and expenses in connection herewith. This section shall not apply to any claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees claimed which arise due solely to the negligence or willful misconduct of the County.
Appears in 8 contracts
Samples: Stormwater Treatment Measures Maintenance Agreement, Stormwater Treatment Measures Maintenance Agreement, Stormwater Treatment Measures Maintenance Agreement
SECTION 11 – INDEMNIFICATION. The Property Owner shall indemnify, hold harmless and defend the County and its authorized agents, officers, officials and employees from and against any and all claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees claimed or which might arise or be asserted against the County that are alleged or proven to result or arise from the construction, presence, existence, inspection or maintenance of the treatment measure(s) by the Property Owner or the County. In the event a claim is asserted against the County, its authorized agents, officers, officials or employees, the County shall promptly notify the Property Owner and the Property Owner shall defend at its own expense any suit based on such claim. If any judgment or claims against the County, its authorized agents, officers, officials or employees shall be allowed, the Property Owner shall pay for all costs and expenses in connection herewith. This section shall not apply to any claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees claimed which arise due solely to the negligence or willful misconduct of the County.. SECTION 12:
Appears in 2 contracts
Samples: Stormwater Treatment Measures Maintenance Agreement, Stormwater Treatment Measures Maintenance Agreement