Common use of XIV INDEMNIFICATION AND HOLD HARMLESS OBLIGATION Clause in Contracts

XIV INDEMNIFICATION AND HOLD HARMLESS OBLIGATION. The Provider shall indemnify, hold harmless, and defend DHSS from and against any claim of, or liability for error, omission, or negligent or intentional act of the Provider under this Agreement. The Provider shall not be required to indemnify DHSS for a claim of, or liability for, the independent negligence of DHSS. If there is a claim of, or liability for, the joint negligent error or omission of the Provider and the independent negligence of DHSS, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. “Provider” and “DHSS,” as used within this section and Section IX (B), include the employees, agents, or Providers who are directly responsible, respectively, to each. The term “independent negligence” is negligence other than in DHSS’s selection, administration, monitoring, or controlling of the Provider and in approving or accepting the Provider’s work. XV AMENDMENT

XIV INDEMNIFICATION AND HOLD HARMLESS OBLIGATION. The Provider shall indemnify, hold harmless, and defend DHSS DFCS from and against any claim of, or liability for error, omission, or negligent or intentional act of the Provider under this Agreement. The Provider shall not be required to indemnify DHSS DFCS for a claim of, or liability for, the independent negligence of DHSSDFCS. If there is a claim of, or liability for, the joint negligent error or omission of the Provider and the independent negligence of DHSSDFCS, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. “Provider” and “DHSSDFCS,” as used within this section and Section IX (B), include the employees, agents, or Providers who are directly responsible, respectively, to each. The term “independent negligence” is negligence other than in DHSSDFCS’s selection, administration, monitoring, or controlling of the Provider and in approving or accepting the Provider’s work. XV AMENDMENT.

XIV INDEMNIFICATION AND HOLD HARMLESS OBLIGATION. The Provider shall indemnify, hold harmless, and defend DHSS DOH from and against any claim of, or liability for error, omission, or negligent or intentional act of the Provider under this Agreement. The Provider shall not be required to indemnify DHSS DOH for a claim of, or liability for, the independent negligence of DHSSDOH. If there is a claim of, or liability for, the joint negligent error or omission of the Provider and the independent negligence of DHSSDOH, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. “Provider” and “DHSSDOH,” as used within this section and Section IX (B), include the employees, agents, or Providers who are directly responsible, respectively, to each. The term “independent negligence” is negligence other than in DHSSDOH’s selection, administration, monitoring, or controlling of the Provider and in approving or accepting the Provider’s work. XV AMENDMENT

XIV INDEMNIFICATION AND HOLD HARMLESS OBLIGATION. The Provider shall indemnify, hold harmless, and defend DHSS DFCS from and against any claim of, or liability for error, omission, or negligent or intentional act of the Provider under this Agreement. The Provider shall not be required to indemnify DHSS DFCS for a claim of, or liability for, the independent negligence of DHSSDFCS. If there is a claim of, or liability for, the joint negligent error or omission of the Provider and the independent negligence of DHSSDFCS, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. “Provider” and “DHSSDFCS,” as used within this section and Section IX (B), include the employees, agents, or Providers who are directly responsible, respectively, to each. The term “independent negligence” is negligence other than in DHSSDFCS’s selection, administration, monitoring, or controlling of the Provider and in approving or accepting the Provider’s work. XV AMENDMENT