Independence, Liability. The Party will act in an independent capacity and not as officers or employees of the State. The Party shall defend the State and its officers and employees against all claims or suits arising in whole or in part from any act or omission of the Party or of any agent of the Party. The State shall notify the Party in the event of any such claim or suit, and the Party shall immediately retain counsel and otherwise provide a complete defense against the entire claim or suit. After a final judgment or settlement the Party may request recoupment of specific defense costs and may file suit in Washington Superior Court requesting recoupment. The Party shall be entitled to recoup costs only upon a showing that such costs were entirely unrelated to the defense of any claim arising from an act or omission of the Party. The Party shall indemnify the State and its officers and employees in the event that the State, its officers or employees become legally obligated to pay any damages or losses arising from any act or omission of the Party.
Independence, Liability. The Party will act in an independent capacity and not as officers or employees of the State. The Party shall defend the State and its officers and employees against all claims or suits arising in whole or in part from any act or omission of the Party or of any agent of the Party. The State shall notify the Party in the event of any such claim or suit, and the Party shall immediately retain counsel and otherwise provide a complete defense against the entire claim or suit. The Party shall notify its insurance company and the State within 10 days of receiving any claim for damages, notice of claims, pre-claims, or service of judgments or claims, for any act or omissions in the performance of this Agreement. After a final judgment or settlement the Party may request recoupment of specific defense costs and may file suit in Washington Superior Court requesting recoupment. The Party shall be entitled to recoup costs only upon a showing that such costs were entirely unrelated to the defense of any claim arising from an act or omission of the Party. The Party shall indemnify the State and its officers and employees in the event that the State, its officers or employees become legally obligated to pay any damages or losses arising from any act or omission of the Party.
Independence, Liability. The Party will act in an independent capacity and not as officers or employees of the State. The Party shall defend the State and its officers and employees against all claims or suits arising in whole or in part from any act or omission of the Party or of any agent of the Party. The State shall notify the Party in the event of any such claim or suit, and the Party shall immediately retain counsel and otherwise provide a complete defense against the entire claim or suit. The Party shall notify its insurance company and the State within 10 days of receiving any claim for damages, notice of claims, pre-claims, or service of judgments or claims, for any act or omissions in the performance of this Agreement. After a final judgment or settlement the Party may request recoupment of specific defense costs and may file suit in Washington Superior Court requesting recoupment. The Party shall be entitled to recoup costs only upon a showing that such costs were entirely unrelated to the defense of any claim arising from an act or omission of the Party. The Party shall indemnify the State and its officers and employees in the event that the State, its officers or employees become legally obligated to pay any damages or losses to the extent arising from any act or omission of the Party; however, in no event shall the Party be responsible for the acts or omissions of the State or its Contractors nor shall it incur any liability arising out of such acts or omissions. In no event shall either party or, in the case of the Contractor, its suppliers, be liable to each other for any indirect, incidental, , special damages, damages which are unforeseeable to the parties at the time of contracting, damages which are not proximately caused by a party or economic damages, including but not limited to any lost profit, lost savings, business interruption damages or expenses, losses resulting from erasure, damage, destruction or other loss of files, data or programs or the cost of recovering such information, even if such party has been advised of the possibility of such damages or losses. Except as set forth below, the Contractor and its suppliers’ liability to the State for any claims, losses or damages arising out of or in connection with this contract, including but not limited to the performance or non-performance of services or the use or inability to use any work products, shall in no event exceed two (2) times the maximum contract amount, as the same may be amended from time...
Independence, Liability. [NEGOTIATED] The Party will act in an independent capacity and not as officers or employees of the State. Contractor’s obligations to defend and indemnify are as set forth in the Master Agreement, Section 14 (Indemnification), and Attachment D, Section 7, of this Participating Addendum.
Independence, Liability. The Party shall not be responsible for the indemnity of the State to the extent damages or losses arise from the acts or omissions of the State, its officers or employees, including the State’s unauthorized or inappropriate use of or modifications to the deliverables under this Contract.
Independence, Liability. The Subgrantee will act in an independent capacity and not as officers or employees of the GRANTOR. The Subgrantee shall defend the GRANTOR and its officers and employees against all claims or suits arising in whole or in part from any act or omission of the Subgrantee or of any agent of the Subgrantee. The GRANTOR shall notify the Subgrantee in the event of any such claim or suit, and the Subgrantee shall immediately retain counsel and otherwise provide a complete defense against the entire claim or suit. After a final judgment or settlement the Subgrantee may request recoupment of specific defense costs and may file suit requesting recoupment. The Subgrantee shall be entitled to recoup costs only upon a showing that such costs were unrelated to the defense of any claim arising from an act or omission of the Subgrantee. The Subgrantee shall indemnify the GRANTOR and its officers and employees in the event that the GRANTOR, its officers or employees become legally obligated to pay any damages or losses arising from any intentional or negligent act or omission of the Subgrantee.
Independence, Liability. Grantee will act in an independent capacity; no employee, director, officer, or agent shall act as officers or employees of the State. Grantee shall indemnify, defend and hold harmless the State and its officers and employees from liability and any claims, suits, judgments, and damages arising as a result of Xxxxxxx's acts and/or omissions in the performance of this Agreement.
Independence, Liability. The Contractor will act in an independent capacity and not as officers or employees of the State. The Contractor shall defend the State and its officers and employees against all claims or suits arising in whole or in part from any act or omission of the Contractor or of any agent of the Contractor. The State shall notify the Contractor in the event of any such claim or suit, and the Contractor shall immediately retain counsel and otherwise provide a complete defense against the entire claim or suit. After a final judgment or settlement the Contractor may request recoupment of specific defense costs and may file suit in Washington Superior Court requesting recoupment. The Contractor shall be entitled to recoup costs only upon a showing that such costs were entirely unrelated to the defense of any claim arising from an act or omission of the Contractor. The Contractor shall indemnify the State and its officers and employees in the event that the State, its officers or employees become legally obligated to pay any damages or losses arising from any act or omission of the Contractor.
Independence, Liability. The Contractor will act in an independent capacity and not as officers or employees of the State. The Contractor shall indemnify, defend and hold harmless the State and its officers and employees from liability and any claims, suits, judgments, and damages arising as a result of the Contractor's acts and/or omissions in the performance of this contract. The Contractor shall notify its insurance company and the State within 10 days of receiving any claim for damages, notice of claims, pre-claims, or service of judgments or claims, for any act or omissions in the performance of this contract.
Independence, Liability. The Lessee will act in an independent capacity and not as officers or employees of the State. The Lessee shall defend the State and its officers and employees against all claims or suits arising in whole or in part from any act or omission of the Lessee or of any agent of the Lessee. The State shall notify Lessee in the event of any such claim or suit, and the Lessee shall immediately retain counsel and otherwise provide a complete defense against the entire claim or suit. Lessee shall notify its insurance company and the State within 10 days of receiving any claim for damages, notice of claims, pre-claims, or service of judgments or claims, for any act or omissions in the performance of this contract. After a final judgment or settlement Lessee may request recoupment of specific defense costs and may file suit in Washington Superior Court requesting recoupment. Lessee shall be entitled to recoup costs only upon a showing that such costs were entirely unrelated to the defense of any claim arising from an act or omission of Lessee. Lessee shall indemnify the State and its officers and employees in the event that the State, its officers or employees become legally obligated to pay any damages or losses arising from any act or omission of the Lessee.
