Examples of Owner Indemnified Party in a sentence
Notwithstanding anything to the contrary in this Agreement, O&M Contractor shall not have a duty to defend, indemnify, save or hold harmless any Owner Indemnified Party to the extent such Losses or Claims arise out of the negligence or willful misconduct of any Owner Indemnified Party.
When required to indemnify an Owner Indemnified Party in accordance with this Article, O&M Contractor shall assume on behalf of such Owner Indemnified Party and conduct with due diligence and in good faith the defense of any Claim against such Owner Indemnified Party, whether or not O&M Contractor shall be joined therein, and the Owner Indemnified Party shall cooperate with O&M Contractor in such defense.
O&M Contractor agrees to indemnify and hold harmless any Owner Indemnified Party from and against any Losses arising from, or related to any Claim that the Work Product, O&M Contractor’s performance of the services under this Agreement, or Owner’s receipt, use or disposition of the same for their intended purposes, infringe upon or otherwise conflict with any Intellectual Property Rights of any Person.
O&M Contractor shall also indemnify each Owner Indemnified Party against any Claims on the Wind Plant or the Wind Plant Site from O&M Contractor’s creditors, other than Claims due to the failure of Owner to make all Payment Obligations.
The foregoing notwithstanding, such Owner Indemnified Party may at its own expense engage its own attorneys to defend such Owner Indemnified Party, or to assist such Owner Indemnified Party in such Owner Indemnified Party's defense of such claim, action or .proceeding, as the case may be.