Subcontractor’s Performance. With the exception that this Section 15 shall in no event be construed to require indemnification by Subcontractor to a greater extent than permitted under the public policy of the State. Subcontractor shall indemnify, defend and save harmless the OWNER and Contractor, including their officers, agents, employees, affiliates, parents and subsidiaries, and each of them, of and from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney's fees, losses or liability, in law or in equity, of every kind and nature whatsoever ("Claims") arising out of or in connection with Subcontractor's operations to be performed under this Agreement for, but not limited to:
(a) Personal injury, including, but not limited to, bodily injury, sickness or disease, or death to persons, including, but not limited to, any employees or agents of Subcontractor, the Owner, Contractor, or any other subcontractor and/or damage to property of anyone (including loss of use thereof), caused, or alleged to be caused, in whole or in part, by any act or omission of Subcontractor or anyone directly or indirectly employed by Subcontractor or anyone for whose acts Subcontractor may be liable regardless of whether such personal injury or damage is caused by a party indemnified hereunder.
(b) Penalties imposed on account of the violation of any law, order, citation, rule, regulation, standard, ordinance or statute, caused by the action or inaction of Subcontractor.
(c) Infringement of any patent rights which may be brought against the Contractor or Owner arising out of Subcontractor's work, unless such process or work which is alleged to infringe is specifically required by the Contract Documents.
(d) Claims and liens (see Section 9) for labor performed or materials used or furnished to be used on the job, including all incidental damages resulting to Contractor or Owner from such claims or liens.
(e) Subcontractor's failure to fulfill the covenants set forth in each subpart of Section 13, Labor Relations
(f) Failure of Subcontractor to comply with the provisions of Section 16.1, Casualty Insurance.
(g) Any violation or infraction by Subcontractor of any law, order, citation, rule, regulation, standard, ordinance or statute in any way relating to the occupational health or safety of employees, including, but not limited to, the use of Contractor's or other's equipment, hoist, elevators, or scaffolds (See Sections 16 and 20). The indemnification of (a) through (g) abo...
Subcontractor’s Performance. With the exception that this Section 15 shall in no event be construed to require indemnification by Subcontractor to a greater extent than permitted under the statutes or public policy of the State of California, Subcontractor shall indemnify, defend and save harmless Contractor, including their officers, agents, directors, partners, members, employees, affiliates, parents and subsidiaries, and each of them, of and from any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees, losses or liability, in law or in equity, of every kind and nature whatsoever ("Claims") arising out of or in connection with Subcontractor's obligations under this Agreement. Subcontractor’s duties under this section 15.1 shall apply to Claims for, but not limited to:
(a) Personal injury, including, but not limited to, bodily injury, emotional injury, sickness or disease, or death to persons, including, but not limited to, any employees or agents of Subcontractor, Owner, Contractor, or any other subcontractor and/or damage to property of anyone (including loss of use thereof).
(b) Damages imposed on account of the violation of any law, order, citation, rule, regulation, standard, ordinance or statute, caused by the action or inaction of Subcontractor.
(c) Infringement of any patent rights which may be brought against the Contractor arising out of Subcontractor's Work.
(d) Claims and liens (see Section 9) for labor performed or materials used or furnished to be used on the job, including all incidental or consequential damages resulting to Contractor from such claims or liens.
(e) Subcontractor's failure to fulfill the covenants set forth in each subpart of Section 13, Labor Relations.
(f) Failure of Subcontractor to comply with the provisions of Section 16.
(g) Any violation or infraction by Subcontractor of any law, order, citation, rule, regulation, standard, ordinance or statute in any way relating to the occupational health or safety of employees, including, but not limited to, the use of Contractor's or other's equipment, hoist, elevators, or scaffolds (See Sections 18 and 20).
(h) Any failure or alleged failure to comply with the terms of this Agreement or the Contract Documents. The indemnification requirements of (a) through (h) above shall extend to Claims occurring after this Agreement is terminated as well as while it is in force. Such indemnity provisions apply to the fullest extent of the law, regardless of any passively negligent...
Subcontractor’s Performance. To the fullest extent permitted by law, the Subcontractor shall indemnify, defend, and hold harmless the Owner, the Architect, the General Contractor (including its affiliates, parents and subsidiaries) and other contractors and subcontractors and all of their agents and employees from and against all claims, damages, loss and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Subcontractor's Work provided that:
a) any such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Subcontractor's Work itself) including the loss of use resulting therefrom, to the extent caused or alleged to be caused in whole or in any part by any negligent act or omission of the Subcontractor or anyone directly or indirectly employed by the Subcontractor or anyone for whose acts the Subcontractor may be liable, regardless of whether it is caused in part by a Party indemnified hereunder.
b) such obligation shall not be construed to negate, or abridge, or otherwise reduce any other right or obligation of indemnity that would otherwise exist as to any Party or person described in this Article 12. Further, to the fullest extent permitted by law, by acceptance of this Contract, the contractor agrees to indemnify and hold the Owner and General Contractor harmless from and against all claims, damages, losses and expenses including but not limited to, attorney’s fees, arising out of or in connection with the work provided that any such claim, damage, loss, or expense is based upon or imposed under any obligation of the Owner and General Contractor under the Labor Law relating to the Subcontractor’s Work.
Subcontractor’s Performance. With the exception that this Section 15 shall in no event be construed to require indemnification by Subcontractor to a greater extent than permitted under the public policy of the State. Subcontractor shall indemnify and save harmless Owner and Contractor, including their officers, agents, employees, affiliates, parents and subsidiaries, and each of them, of and from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney's fees, losses or liability, in law or in equity, of every kind and nature whatsoever ("Claims") arising out of or in connection with Subcontractor's operations to be performed under this Agreement for, but not limited to:
(a) (b)
Subcontractor’s Performance. To the fullest extent permitted by law, Subcontractor shall defend, indemnify (at Subcontractor’s sole cost and expense and with legal counsel reasonably acceptable to Contractor and at the option of Contractor), protect and hold harmless Contractor, Owner and Architect and their respective subsidiaries, divisions and affiliated coMSAnies, Partners or joint ventures, such parties’ representatives, Partners, members, designees, officers, directors, shareholders, employees, agents, successors and assigns and any lender of Contractor with an interest in the Project (individually, an “Indemnified Party”, collectively, the “Indemnified Parties”), from and against any and all claims, demands, allegations, obligations, damages, actions, causes of action, suits, losses, judgments, settlements, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys’ fees, disbursements and court costs, and all other professional, expert or consultants’ fees, repair or replacement costs, and costs incurred as a result of such claims or in enforcing this indemnity provision) of every kind and nature whatsoever (individually, a “Claim”, collectively, “Claims”) which may arise from or is in any manner related to, directly or indirectly, any work performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and/or design defects) or Subcontractor’s presence or activities conducted on the Project (including without limitation, acts, errors and/or omissions of Subcontractor, its principals, officers, agents, employees, vendors, suppliers, consultants, Sub-subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them [individually, a “Subcontractor Party”; collectively, “Subcontractor Parties”]), regardless of any breach of warranty or contract, or strict liability of an Indemnified Party including, without limitation, the following:
(i) Property damage including, but not limited to, damage to both real and/or personal property, costs to repair defects in property, diminution in property value, loss of use, loss of economic value, consequential losses, and any other damages associated with damage to, destruction of, defects in, or loss of real or personal property caused, or alleged to be caused, in whole or in part, by any act, omission, or failure to act by Subcontractor or any Subcontractor Party. All work covered by this Agree...
Subcontractor’s Performance. To the fullest extent permitted by law, the Subcontractor shall defend, indemnify and hold harmless, the Contractor (including the affiliates, parents and subsidiaries, their agents and employees) and other contractors and subcontractors and all of their agents and employees and when required of the Contractor by the Contract Documents, the Owner, the Architect, Architect's consultants, agents and employees from and against all claims, damages, loss and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Subcontract provided that:
(a) any such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Subcontractor's Work itself) including the loss of use resulting there from, to the extent caused or alleged to be caused in whole or in part by any negligent act or omission of the Subcontractor or anyone directly or indirectly employed by the Subcontractor or for anyone for whose acts the Subcontractor may be liable, regardless of whether it is caused in part by a party indemnified hereunder;
(b) such obligation shall not be construed to negate, or abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Article 12.
Subcontractor’s Performance. 15.1.1. To the maximum extent permitted by law, Subcontractor shall defend, indemnify and hold harmless Owner, XYZ, and its Joint Venture and Joint Venture Partners if any, including their respective owners, officers, agents, employees, partners, parents, affiliates and subsidiaries, and other entities, if any, which XYZ is obligated to indemnify, defend or hold harmless pursuant to the provisions of the Prime Contract and each of them, (collectively, "Indemnitees"), of and from any and all claims, allegations, demands, causes of action, damages, costs, expenses, actual attorneys' fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or related to Subcontractor's performance and/or Scope of Work under this Agreement ("Claims"), including, but not limited to, Claims for:
a. Personal injury, including, but not limited to, bodily injury, emotional injury, sickness or disease, or death to persons, including, but not limited to, any employees or agents of Subcontractor, Owner, XYZ, or any other subcontractor and/or damage to property of anyone (including loss of use thereof), caused or alleged to be caused in whole or in part by any act or omission of Subcontractor or anyone directly or indirectly employed by Subcontractor or anyone for whose acts Subcontractor may be liable regardless of whether that personal injury or damage is caused by a party indemnified hereunder.
b. Defects or omissions in Subcontractor's workmanship or materials provided pursuant to this Agreement.
c. Xxxxxxxxx imposed on account of the violation of any law, order, building code, citation, rule, regulation, standard, ordinance, or statute, caused by the action or inaction of Subcontractor.
d. Infringement of any patent, trademark, or other proprietary right which may be brought against XYZ or Owner arising out of Subcontractor's Work.
e. Claims and liens (see Section 9) for labor performed or materials used or furnished to be used for the Work, including all incidental or consequential damages resulting to XYZ or Owner from such claims or liens.
f. Subcontractor's failure to comply with any covenants made by it in this Agreement.
g. Subcontractor's breach of any representation or warranty made by it in this Agreement or in any document furnished by it pursuant to this Agreement.
h. Any liabilities, losses or expenses arising out of or relating to any other act (or failure to act) by Subcontractor for which XYZ must indemnify Owner under the P...
