Common use of The Indemnity Clause in Contracts

The Indemnity. For purposes of this Agreement, and without in any way limiting indemnification obligations that may be set forth elsewhere in the Agreement, Vendor hereby agrees to indemnify, defend and hold harmless the City from any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Vendor, its employees, agents, SubVendors and suppliers. It is agreed as a specific element of consideration of this Agreement that this indemnity shall apply notwithstanding the joint, concurring or contributory or comparative fault or negligence of the City or any third party and, further, notwithstanding any theory of law including, but not limited to, a characterization of the City's or any third party's joint, concurring or contributory or comparative fault or negligence as either passive or active in nature.

The Indemnity. For purposes of this Agreement, and without in any way limiting indemnification obligations that may be set forth elsewhere in the AgreementContract Documents, Vendor Construction Manager hereby agrees to indemnify, defend and hold harmless the City from any and all loss Loss where loss Loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the VendorConstruction Manager, its employees, agents, SubVendors subcontractors, and suppliers. It is agreed as a specific element of consideration of this Agreement Contract that this indemnity shall apply notwithstanding the joint, concurring or contributory or comparative fault or negligence of the City or any third party and, further, notwithstanding any theory of law including, but not limited to, a characterization of the City's ’s or any third party's ’s joint, concurring or contributory or comparative fault or negligence as either passive or active in nature.