Use of Site and Other Areas. 1. Design Builder shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted by the Owner and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Design Builder shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Construction. Should any claim be made by any such owner or occupant because of the performance of the Construction, Design Builder shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. Design Builder shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, Owner’s Consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against Owner, or any other party indemnified hereunder to the extent caused by or based upon Design Builder’s performance of the Construction.
Appears in 4 contracts
Samples: Owner and Design Builder (Great Plains Ethanol LLC), Owner and Design Builder (Northern Growers LLC), Agreement Between Owner and Design (Great Plains Ethanol LLC)
Use of Site and Other Areas. 1. Design Builder A. DESIGN/BUILDER shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted by the Owner OWNER and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Design Builder DESIGN/BUILDER shall assume full responsibility be responsible for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Construction. Should any claim be made by any such owner or occupant because of the performance of the Construction, Design Builder DESIGN/BUILDER shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. Design Builder DESIGN/BUILDER shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, Owner’s Consultants OWNER and anyone directly or indirectly employed by any of them OWNER from and against all claims, costs, losses and damages (including, but not limited to, all reasonable fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OwnerOWNER, or any other party indemnified hereunder to the extent caused by or based upon Design Builder’s DESIGN/BUILDER's performance of the Construction.
Appears in 3 contracts
Samples: License Agreement (Show Me Ethanol, LLC), License Agreement (Southwest Iowa Renewable Energy, LLC), License Agreement (Southwest Iowa Renewable Energy, LLC)
Use of Site and Other Areas. 1. Design Builder A. DESIGN/BUILDER shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted by the Owner OWNER and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Design Builder DESIGN/BUILDER shall assume full responsibility be responsible for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Construction. Should any claim be made by any such owner or occupant because of the performance of the Construction, Design Builder DESIGN/BUILDER shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. Design Builder DESIGN/BUILDER shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, Owner’s Consultants OWNER and anyone directly or indirectly employed by any of them OWNER from and against all claims, costs, losses and damages (including, but not limited to, all reasonable fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OwnerOWNER, or any other party indemnified hereunder to the extent caused by or based upon Design BuilderDESIGN/BUILDER’s performance of the Construction.
Appears in 3 contracts
Samples: License Agreement (Advanced BioEnergy, LLC), Agreement (East Kansas Agri Energy LLC), License Agreement (Husker Ag LLC)
Use of Site and Other Areas. 1. .1 Design Builder shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted by the Owner and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Design Builder shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Construction. Should any claim be made by any such owner or occupant because of the performance of the Construction, Design Builder shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. Design Builder shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, Owner’s 's Consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against Owner, or any other party indemnified hereunder to the extent caused by or based upon Design Builder’s 's performance of the Construction.
Appears in 2 contracts
Samples: Agreement (Whetstone Ethanol LLC), Great Plains Ethanol LLC
Use of Site and Other Areas. 1. Design Builder A. DESIGN/BUILDER shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted by the Owner OWNER and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Design Builder DESIGN/BUILDER shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Construction. Should any claim be made by any such owner or occupant because of the performance of the Construction, Design Builder DESIGN/BUILDER shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. Design Builder DESIGN/BUILDER shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, Owner’s Consultants OWNER and anyone directly or indirectly employed by any of them OWNER from and against all claims, costs, losses and damages (including, but not limited to, reasonable fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OwnerOWNER, or any other party indemnified hereunder to the extent caused by or based upon Design Builder’s DESIGN/BUILDER's performance of the Construction.
Appears in 2 contracts
Samples: Agreement (Western Plains Energy LLC), Agreement (Western Plains Energy LLC)
Use of Site and Other Areas. 1. Design Builder shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted by the Owner and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. equipment Design Builder shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Construction. Should any claim be made by any such owner or occupant because of the performance of the Construction, Design Builder shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. Design Builder shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, Owner’s Consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against Owner, or any other party indemnified hereunder to the extent caused by or based upon Design Builder’s performance of the Construction.
Appears in 1 contract
Samples: Agreement (Great Plains Ethanol LLC)
Use of Site and Other Areas. 1. Design Builder shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted by the Owner and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. , Design Builder shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Construction. Should any claim be made by any such owner or occupant because of the performance of the Construction, Design Builder shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. Design Builder shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, Owner’s Consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against Owner, or any other party indemnified hereunder to the extent caused by or based upon Design Builder’s performance of the Construction.
Appears in 1 contract
Samples: Agreement (Northern Growers LLC)