Common use of XXX INDEMNITY Clause in Contracts

XXX INDEMNITY. XXX shall indemnify, defend and hold ------------- harmless SRP, its officers, agents and employees of and from any claim, demand, lawsuit, or action of any kind for injury to or death of persons, including, but not limited to, employees of XXX or SRP, and damage or destruction of property, including, but not limited to, property of either XXX or SRP, arising out of: (a) negligent or willful acts or omissions of XXX, its agents, officers, directors, employees or contractors; (b) the exercise by XXX of the privileges or rights given herein; and (c) the performance by XXX of any of its obligations under this Agreement. Such obligation to indemnify shall extend to and encompass all costs incurred by SRP in defending such claims, demands, lawsuits or actions, including, but not limited to, attorney, witness and expert witness fees, and any other litigation related expenses. ELI's obligations pursuant to this Section 17.1 shall not extend to claims, demands, lawsuits or actions for liability attributable to the active negligence or willful action of SRP, its directors, officers, employees, contractors, successors or assigns. XXX shall pay any cost that may be incurred by SRP in enforcing this indemnity, including reasonable attorney fees.

Appears in 2 contracts

Samples: Optical Fiber Lease Agreement (Electric Lightwave Inc), Optical Fiber Lease Agreement (Electric Lightwave Inc)

AutoNDA by SimpleDocs

XXX INDEMNITY. XXX shall indemnify, defend and hold ------------- harmless SRPFOCAS, its officers, agents and employees (the "FOCAS Indemnitees") of and from any claim, demand, lawsuit, or action of any kind for injury to or death of persons, including, but not limited to, employees of XXX FOCAS or SRPXXX, and damage or destruction of property, including, but not limited to, property of either XXX FOCAS or SRPXXX, or other loss or damage incurred by FOCAS, arising out of: (a) negligent or willful acts or omissions or willful misconduct of XXX, its agents, officers, directors, employees or contractors; or (b) the exercise by XXX of the privileges or rights given herein; and (c) the performance breach by XXX of any of its obligations under this Agreement. Such The obligation to indemnify shall extend to and encompass all costs incurred by SRP FOCAS and any FOCAS Indemnitee in defending such claims, demands, lawsuits or actions, including, but not limited to, attorney, witness and expert witness fees, and any other litigation related expenses. ELI's obligations pursuant to this Section 17.1 13.2 shall not extend to claims, demands, lawsuits or actions for liability to the extent attributable to the active negligence or willful action misconduct of SRPFOCAS, its directorsthe FOCAS Indemnitees, officers, employees, or their respective contractors, successors or assigns, or the acts of third-parties. XXX shall pay any cost that may be incurred by SRP FOCAS or the FOCAS Indemnitees in enforcing this indemnity, including reasonable attorney fees.

Appears in 1 contract

Samples: Post Completion Agreement (Electric Lightwave Inc)

AutoNDA by SimpleDocs

XXX INDEMNITY. XXX shall indemnify, defend and hold harmless ------------- harmless SRPPG&E, its officers, agents and employees of and from any claim, demand, lawsuit, or action of any kind for injury to or death of persons, including, but not limited to, employees of XXX PG&E or SRPXXX, and damage or destruction of property, including, but not limited to, property of either XXX PG&E or SRPXXX, arising out of: (a) negligent or willful acts or omissions or willful misconduct of XXX, its agents, officers, directors, employees or contractors; or (b) the exercise by XXX of the privileges or rights given herein; and (c) the performance breach by XXX of any of its obligations under this Agreement. Such The obligation to indemnify shall extend to and encompass all costs incurred by SRP PG&E in defending such claims, demands, lawsuits or actions, including, but not limited to, attorney, witness and expert witness fees, and any other litigation related expenses. ELI's obligations pursuant to this Section 17.1 15.2 shall not extend to claims, demands, lawsuits or actions for liability to the extent attributable to the active negligence or willful action misconduct of SRPPG&E, its directors, officers, employees, contractors, successors or assigns, or the acts of third-parties. XXX shall pay any cost that may be incurred by SRP PG&E in enforcing this indemnity, including reasonable attorney fees.

Appears in 1 contract

Samples: Optical Fiber Installation and Iru Agreement (Electric Lightwave Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!