User’s Liability. User agrees to defend, hold harmless and fully indemnify Owner against any and all loss, damage, liability, cost or expenses, (including attorney’s fees) suffered or incurred by Owner, arising out of or connected with injuries to or death of any person or loss of or damage to any property (including Equipment and cargo) arising out of User’s operations, maintenance, possession or control of interchanged Equipment, [except to the extent caused or contributed to] by Owner’s negligence, breach of contract, breach of warranty, strict liability, or otherwise. User further agrees to defend, indemnify and hold Owner harmless against any and all loss, damage, liability, cost or expenses (including attorney’s fees and trip permit fees) arising out of User’s failure to comply, for any reason whatsoever, with any governmental statutes, rule or regulations.
Appears in 2 contracts
Samples: Equipment Interchange Agreement, Equipment Interchange Agreement
User’s Liability. User agrees to defend, hold harmless and fully indemnify Owner against any and all loss, damage, liability, cost or expenses, (including attorney’s fees) suffered or incurred by Owner, arising out of or connected with injuries to or death of any person or loss of or damage to any property (including Equipment and cargo) arising out of User’s operations, maintenance, possession or control of interchanged Equipment, [except to the extent whether or not caused or contributed to] to by Owner’s negligence, breach of contract, breach of warranty, strict liability, or otherwise. User further agrees to defend, indemnify and hold Owner harmless against any and all loss, damage, liability, cost or expenses (including attorney’s fees and trip permit fees) arising out of User’s failure to comply, for any reason whatsoever, with any governmental statutes, rule rules or regulations.
Appears in 2 contracts
Samples: Equipment Interchange Agreement, Equipment Interchange Agreement
User’s Liability. User agrees to defend, hold harmless and fully indemnify Owner against any and all loss, damage, liability, cost or expenses, (including attorney’s fees) suffered or incurred by Owner, arising out of or connected with injuries to or death of any person or loss of or damage to any property (including Equipment and cargo) arising out of User’s operations, maintenance, possession or control of interchanged Equipment, [except to the extent caused or contributed to] by Owner’s negligence, breach of contract, breach of warranty, strict liability, or otherwise. User further agrees to defend, indemnify and hold Owner harmless against any and all loss, damage, liability, cost or expenses (including attorney’s fees and trip permit fees) arising out of User’s failure to comply, for any reason whatsoever, with any governmental statutes, rule rules or regulations.
Appears in 2 contracts
Samples: Equipment Interchange Agreement, Equipment Interchange Agreement