Common use of City Held Harmless Clause in Contracts

City Held Harmless. 11.1 To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City and any and all of City’s Boards, officers, agents, employees, assigns and successors in interest from and against any and all suits, claims, causes of action, liability, losses, damages, demands or expenses (including, but not limited to, attorney’s fees and costs of litigation), claimed by anyone (including Consultant and/or Consultant’s agents or employees) by reason of injury to, or death of, any person(s) (including Consultant and/or Consultant’s agents or employees), or for damage to, or destruction of, any property (including property of Consultant and/or Consultant’s agents or employees) or for any and all other losses, founded upon or alleged to arise out of, pertain to, or relate to the Consultant’s and/or Sub-Consultant’s performance of the Contract, whether or not contributed to by any act or omission of City, or of any of City’s Boards, officers, agents or employees; Provided, however, that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from or relate to Consultant’s performance of a “Construction Contract” as defined by California Civil Code section 2783, this paragraph shall not be construed to require Consultant to indemnify or hold City harmless to the extent such suits, causes of action, claims, losses, demands and expenses are caused by the City’s sole negligence, willful misconduct or active negligence; Provided further that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from Consultant’s design professional services as defined by California Civil Code section 2782.8, Consultant’s indemnity obligations shall be limited to allegations, suits, claims, causes of action, liability, losses, damages, demands or expenses arising out of, pertaining to, or relating to the Consultant’s negligence, recklessness or willful misconduct in the performance of the Contract.

City Held Harmless. 11.1 11.1. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City and any and all of City’s Boards, officers, agents, employees, assigns and successors in interest from and against any and all suits, claims, causes of action, liability, losses, damages, demands or expenses (including, but not limited to, attorney’s fees and costs of litigation), claimed by anyone (including Consultant and/or Consultant’s 's agents or employees) by reason of injury to, or death of, any person(s) (including Consultant and/or Consultant’s agents or employees), or for damage to, or destruction of, any property (including property of Consultant and/or Consultant’s agents or dr employees) or for any and all other losses, founded upon or alleged to arise out put of, pertain to, or relate to the Consultant’s and/or Sub-Consultant’s performance of the Contract, whether or not contributed to by any act or omission of City, or of any of City’s Boards, officers, agents or employees; Provided, however, that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from or relate to Consultant’s performance of a “Construction Contract” " as defined by California Civil Code section 2783, this paragraph shall not be construed to require Consultant to indemnify or hold City harmless to the extent such suits, causes of action, claims, losses, demands and expenses are caused by the City’s sole negligence, willful misconduct or active negligence; Provided . further that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from Consultant’s design professional services as defined by California Civil Code section 2782.8, Consultant’s indemnity obligations shall be limited to allegations, suits, claims, causes of action, liability, losses, damages, demands or expenses arising out of, pertaining to, or relating to the Consultant’s negligence, recklessness or willful misconduct in the performance of the Contract. 11.2. In addition, and consistent with the requirements of Section 13.6 below, Consultant agrees to protect, defend, indemnify, keep and hold harmless City, including its Boards, Departments and City’s officers, agents, servants and employees, from and against any and all claims, damages, liabilities, losses and expenses arising out of any threatened, alleged or actual claim that the end product provided to LAWA by Consultant violates any patent, copyright, trade secret, proprietary right, intellectual property right, moral right, privacy, or similar right, or any other rights of any third party anywhere in the world. Consultant agrees to, and shall, pay all damages, settlements, expenses and costs, including costs of investigation, court costs and attorney’s fees, and all other costs and damages sustained or incurred by City arising out of, or relating to, the matters set forth above in this paragraph of the City’s “Hold Harmless” agreement. 11.3. In Consultant's defense of the City under this Section, negotiation, compromise, and settlement of any action, the City shall retain discretion in and control of the litigation, negotiation, compromise, settlement, and appeals there from, as required by the Los Angeles City Charter, particularly Article II, Sections 271,272 and 273 thereof. 11.4. Survival of IndemniTtihees, provisions of this Section 11 shall survive the termination of this Contract.

City Held Harmless. 11.1 To the fullest extent permitted by law, Consultant Contractor shall defend, indemnify and hold harmless City and any and all of City’s Boards, officers, agents, employees, assigns and successors in interest from and against any and all suits, claims, causes of action, liability, losses, damages, demands or expenses (including, but not limited to, attorney’s fees and costs of litigation), claimed by anyone (including Consultant Contractor and/or ConsultantContractor’s agents or employees) by reason of injury to, or death of, any person(s) (including Consultant Contractor and/or ConsultantContractor’s agents or employees), or for damage to, or destruction of, any property (including property of Consultant Contractor and/or ConsultantContractor’s agents or employees) or for any and all other losses, founded upon or alleged to arise out of, pertain to, or relate to the ConsultantContractor’s and/or Sub-ConsultantContractor’s performance of the Contract, whether or not contributed to by any act or omission of City, or of any of City’s Boards, officers, agents or employees; . Provided, however, that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from or relate to ConsultantContractor’s performance of a “Construction Contract” as defined by California Civil Code section 2783, this paragraph shall not be construed to require Consultant Contractor to indemnify or hold City harmless to the extent such suits, causes of action, claims, losses, demands and expenses are caused by the City’s sole negligence, willful misconduct or active negligence; . Provided further that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from Consultant’s design professional services as defined by California Civil Code section 2782.8, Consultant’s indemnity obligations shall be limited to allegations, suits, claims, causes of action, liability, losses, damages, demands or expenses arising out of, pertaining to, or relating to the Consultant’s negligence, recklessness or willful misconduct in the performance of the Contract. In addition, Contractor agrees to protect, defend, indemnify, keep and hold harmless City, including its Boards, Departments and City’s officers, agents, servants and employees, from and against any and all claims, damages, liabilities, losses and expenses arising out of any threatened, alleged or actual claim that the end product provided to LAWA by Contractor violates any patent, copyright, trade secret, proprietary right, intellectual property right, moral right, privacy, or similar right, or any other rights of any third party anywhere in the world. Contractor agrees to, and shall, pay all damages, settlements, expenses and costs, including costs of investigation, court costs and attorney’s fees, and all other costs and damages sustained or incurred by City arising out of, or relating to, the matters set forth above in this paragraph of the City’s “Hold Harmless” agreement. In Contractor’s defense of the City under this Section, negotiation, compromise, and settlement of any action, the City shall retain discretion in and control of the litigation, negotiation, compromise, settlement, and appeals there from, as required by the Los Angeles City Charter, particularly Article II, Sections 271, 272 and 273 thereof.

City Held Harmless. 11.1 11.1. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City and any and all of City’s Boards, officers, agents, employees, assigns and successors in interest from and against any and all suits, claims, causes of action, liability, losses, damages, demands or expenses (including, but not limited to, attorney’s fees and costs of litigation), claimed by anyone (including Consultant and/or Consultant’s agents or employees) by reason of injury to, or death of, any person(s) (including Consultant and/or Consultant’s agents or employees), or for damage to, or destruction of, any property (including property of Consultant and/or Consultant’s agents or employees) or for any and all other losses, founded upon or alleged to arise out of, pertain to, or relate to the Consultant’s and/or Sub-Consultant’s performance of the Contract, whether or not contributed to by any act or omission of City, or of any of City’s Boards, officers, agents or employees; Provided, however, that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from or relate to Consultant’s 's performance of a “"Construction Contract” as defined by California Civil Code section 2783, this paragraph shall not be construed to require Consultant to indemnify or hold City harmless to the extent such suits, causes of action, claims, losses, demands and expenses are caused by the City’s 's sole negligence, willful misconduct or active negligence; Provided further that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from Consultant’s design professional services as defined by California Civil Code section 2782.8, Consultant’s indemnity obligations shall be limited to allegations, suits, claims, causes of action, liability, losses, damages, demands or expenses arising out of, pertaining to, or relating to the Consultant’s negligence, recklessness or willful misconduct in the performance of the Contract. 11.2. In addition, and consistent with the requirements of Section 13.6 below, Consultant agrees to protect, defend, indemnify, keep and hold harmless City, including its Boards, Departments and City’s officers, agents, servants and employees, from and against any and all claims, damages, liabilities, losses and expenses arising out of any threatened, alleged or actual claim that the end product provided to LAWA by Consultant violates any patent, copyright, trade secret, proprietary right, intellectual property right, moral right, privacy, or similar right, or any other rights of any third party anywhere in the world. Consultant agrees to, and shall, pay all damages, settlements, expenses and costs, including costs of investigation, court costs and attorney’s fees, and all other costs and damages sustained or incurred by City arising out of, or relating to, the matters set forth above in this paragraph of the City’s “Hold Harmless” agreement. IPCT JV, LLC Contract 091516/JGT/K:Drive 11.3. In Consultant’s defense of the City under this Section, negotiation, compromise, and settlement of any action, the City shall retain discretion in and control of the litigation, negotiation, compromise, settlement, and appeals there from, as required by the Los Angeles City Charter, particularly Article Ik Sections 271,272 and 273 thereof. 11.4. Survival of IndemniTtihees, provisions of this Section 11 shall survive the termination of this Contract.

City Held Harmless. 11.1 11.1. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City and any and all of City’s Boards, officers, agents, employees, assigns and successors in interest from and against any and all suits, claims, causes of action, liability, losses, damages, demands or expenses (including, but not limited to, attorney’s fees and costs of litigation), claimed by anyone (including Consultant and/or Consultant’s agents or employees) by reason of injury to, or death of, any person(s) (including Consultant and/or Consultant’s agents or employees), or for damage to, or destruction of, any property (including property of Consultant and/or Consultant’s agents or employees) or for any and all other losses, founded upon or alleged to arise out of, pertain to, or relate to the Consultant’s and/or Sub-Consultant’s performance of the Contract, whether or not contributed to by any act or omission of City, or of any of City’s 's Boards, officers, agents or employees; Provided, however, that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from or relate to Consultant’s performance of a “"Construction Contract” as defined by California Civil Code section 2783, this paragraph shall not be construed to require Consultant to indemnify or hold City harmless to the extent such suits, causes of action, claims, losses, demands and expenses are caused by the City’s sole negligence, willful misconduct or active negligence; Provided further that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from Consultant’s design professional services as defined by California Civil Code section 2782.8, Consultant’s indemnity obligations shall be limited to allegations, suits, claims, causes of action, liability, losses, damages, demands or expenses arising out of, pertaining to, or relating to the Consultant’s negligence, recklessness or willful misconduct in the performance of the Contract. 11.2. In addition, and consistent with the requirements of Section 13.6 below, Consultant agrees to protect, defend, indemnify, keep and hold harmless City, including its Boards, Departments and City's officers, agents, servants and employees, from and against any and all claims, damages, liabilities, losses and expenses arising out of any threatened, alleged or actual claim that the end product provided to LAWA by Consultant violates any patent, copyright, trade secret, proprietary right, intellectual property right, moral right, privacy, or similar right, or any other rights of any third party anywhere in the world. Consultant agrees to, and shall, pay all damages, settlements, expenses and costs, including costs of investigation, court costs and attorney’s fees, and all other costs and damages sustained or incurred by City arising out of, or relating to, the matters set forth above in this paragraph of the City’s “Hold Harmless” agreement. 11.3. In Consultant’s defense of the City under this Section, negotiation, compromise, and settlement of any action, the City shall retain discretion in and control of the litigation, negotiation, compromise, settlement, and appeals there from, as required by the Los Angeles City Charter, particularly Article II, Sections 271,272 and 273 thereof. 11.4. Survival of IndemnTitihees, provisions of this Section 11 shall survive the termination of this Contract.

City Held Harmless. 11.1 To the fullest extent permitted by law, Consultant Contractor shall defend, indemnify and hold harmless City and any and all of City’s Boards, officers, agents, employees, assigns and successors in interest from and against any and all suits, claims, causes of action, liability, losses, damages, demands or expenses (including, but not limited to, attorney’s fees and costs of litigation), claimed by anyone (including Consultant Contractor and/or ConsultantContractor’s agents or employees) by reason of injury to, or death of, any person(s) (including Consultant Contractor and/or ConsultantContractor’s agents or employees), or for damage to, or destruction of, any property (including property of Consultant Contractor and/or ConsultantContractor’s agents or employees) or for any and all other losses, founded upon or alleged to arise out of, pertain to, or relate to the ConsultantContractor’s and/or Sub-ConsultantContractor’s performance of the Contract, whether or not contributed to by any act or omission of City, or of any of City’s Boards, officers, agents or employees; . Provided, however, that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from or relate to ConsultantContractor’s performance of a “"Construction Contract” " as defined by California Civil Code section 2783, this paragraph shall not be construed to require Consultant Contractor to indemnify or hold City harmless to the extent such suits, causes of action, claims, losses, demands and expenses are caused by the City’s sole negligence, willful misconduct or active negligence; . Provided further that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from Consultant’s design professional services as defined by California Civil Code section 2782.8, Consultant’s indemnity obligations shall be limited to allegations, suits, claims, causes of action, liability, losses, damages, demands or expenses arising out of, pertaining to, or relating to the Consultant’s negligence, recklessness or willful misconduct in the performance of the Contract. In addition, Contractor agrees to protect, defend, indemnify, keep and hold harmless City, including its Boards, Departments and City’s officers, agents, servants and employees, from and against any and all claims, damages, liabilities, losses and expenses arising out of any threatened, alleged or actual claim that the end product provided to LAWA by Contractor violates any patent, copyright, trade secret, proprietary right, intellectual property right, moral right, privacy, or similar right, or any other rights of any third party anywhere in the world. Contractor agrees to, and shall, pay all damages, settlements, expenses and costs, including costs of investigation, court costs and attorney’s fees, and all other costs and damages sustained or incurred by City arising out of, or relating to, the matters set forth above in this paragraph of the City’s "Hold Harmless” agreement. In Contractor's defense of the City under this Section, negotiation, compromise, and settlement of any action, the City shall retain discretion in and control of the litigation, negotiation, compromise, settlement, and appeals there from, as required by the Los Angeles City Charter, particularly Article II, Sections 271,272 and 273 thereof.

City Held Harmless. 11.1 To 7.1 Contractor shall, to the fullest extent permitted by law, Consultant shall defend, indemnify indemnify, and hold harmless City and any and all of City’s Boards, officers, agents, employees, assigns assigns, and successors in interest from and against any and all suits, claims, causes of action, liability, losses, damages, demands or expenses (including, but not limited to, attorney’s fees and costs cost of litigation), claimed by anyone (including Consultant Contractor and/or ConsultantContractor’s agents or employees) by reason of injury to, or death of, any person(s) (including Consultant and/or Consultant’s agents or employees), or for damage to, to or destruction of, any property (including property of Consultant Contractor and/or Consultant’s its agents or employees) or for any and all other losses, founded upon or alleged to arise out of, pertain to, or relate to the ConsultantContractor’s (and/or Sub-Consultantits agents’ or employees’) and/or SubContractor’s (and/or its agents’ or employees’) performance of the Contract, whether or not contributed to by any act or omission of City, or of any of City’s Boards, officers, agents or employees; Providedprovided, however, that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from or relate to ConsultantContractor’s performance of a “Construction Contract” as defined by California Civil Code section 2783, this paragraph shall not be construed to require Consultant Contractor to indemnify or hold City harmless to the extent such suits, causes of action, claims, losses, demands and expenses are caused by the City’s sole negligence, willful misconduct or active negligence; Provided provided further that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from ConsultantContractor’s design professional services as defined by California Civil Code section 2782.8, ConsultantContractor’s indemnity obligations duty to indemnify, including its duty and cost to defend, shall be limited to allegations, suits, claims, causes of action, liability, losses, damages, demands or expenses arising out of, pertaining to, or relating to the ConsultantContractor’s negligence, recklessness or willful misconduct in the performance of the Contract. 7.2 In addition, Contractor agrees to protect, defend, indemnify, keep and hold harmless City, including its Boards, Departments and City’s officers, agents, servants and employees, from and against any and all claims, damages, liabilities, losses and expenses arising out of any threatened, alleged or actual claim that the end product provided to LAWA by Contractor violates any patent, copyright, trade secret, proprietary right, intellectual property right, moral right, privacy, or similar right, or any other rights of any third party anywhere in the world. Contractor agrees to, and shall, pay all damages, settlements, expenses and costs, including costs of investigation, court costs and attorney’s fees, and all other costs and damages sustained or incurred by City arising out of, or relating to, the matters set forth above in this paragraph of the City’s “Hold Harmless” agreement. 7.3 In Contractor’s defense of the City under this Section, negotiation, compromise, and settlement of any action, the City shall retain discretion in and control of the litigation, negotiation, compromise, settlement, and appeals there from, as required by the Los Angeles City Charter, particularly Article II, Sections 271, 272 and 273 thereof.

City Held Harmless. 11.1 9.1. To the fullest extent permitted by law, Consultant Contractor shall defend, indemnify and hold harmless City and any and all of City’s Boards, officers, agents, employees, assigns and successors in interest from and against any and all suits, claims, causes of action, liability, losses, damages, demands or expenses (including, but not limited to, attorney’s fees and costs of litigation), claimed by anyone (including Consultant Contractor and/or ConsultantContractor’s agents or employees) by reason of injury to, or death of, any person(s) (including Consultant Contractor and/or ConsultantContractor’s agents or employees), or for damage to, or destruction of, any property (including property of Consultant Contractor and/or ConsultantContractor’s agents or employees) or for any and all other losses, founded upon or alleged to arise out of, pertain to, or relate to the ConsultantContractor’s and/or Sub-ConsultantContractor’s performance of the Contract, whether or not contributed to by any act or omission of City, or of any of City’s Boards, officers, agents or employees; Provided, however, that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from or relate to ConsultantContractor’s performance of a “Construction Contract” as defined by California Civil Code section 2783, this paragraph shall not be construed to require Consultant Contractor to indemnify or hold City harmless to the extent such suits, causes of action, claims, losses, demands and expenses are caused by the City’s sole negligence, willful misconduct or active negligence; Provided further that where such suits. 9.2. In addition, Contractor agrees to protect, defend, indemnify, keep and hold harmless City, including its Boards, Departments and City’s officers, agents, servants and employees, from and against any and all claims, causes of action, liability, losses, damages, demands liabilities, losses and expenses arising out of any threatened, alleged or expenses arise from Consultant’s design professional services as defined actual claim that the end product provided to LAWA by California Civil Code section 2782.8Contractor violates any patent, Consultant’s indemnity obligations shall be limited to allegationscopyright, suitstrade secret, claimsproprietary right, causes intellectual property right, moral right, privacy, or similar right, or any other rights of actionany third party anywhere in the world. Contractor agrees to, liabilityand shall, losses, pay all damages, demands settlements, expenses and costs, including costs of investigation, court costs and attorney’s fees, and all other costs and damages sustained or expenses incurred by City arising out of, pertaining or relating to, or relating to the Consultant’s negligence, recklessness or willful misconduct matters set forth above in the performance this paragraph of the ContractCity’s “Hold Harmless” agreement. 9.3. In Contractor’s defense of the City under this Section, negotiation, compromise, and settlement of any action, the City shall retain discretion in and control of the litigation, Com par 6 r-ic negotiation, compromise, settlement, and appeals there from, as required by the Los Angeles City Charter, particularly Article II, Sections 271, 272 and 273 thereof.

City Held Harmless. 11.1 11.1. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City and any and all of City’s Boards, officers, agents, employees, assigns and successors in interest from and against any and all suits, claims, causes of action, liability, losses, damages, demands or expenses (including, but not limited to, attorney’s fees and costs of litigation), claimed by anyone (including Consultant and/or Consultant’s agents or employees) by reason of injury to, or death of, any person(s) (including Consultant and/or Consultant’s agents or employees), or for damage to, or destruction of, any property (including property of Consultant and/or Consultant’s agents or employees) or for any and all other losses, founded upon or alleged to arise out of, pertain to, or relate to the Consultant’s and/or Sub-Consultant’s performance of the Contract, whether or not contributed to by any act or omission of City, or of any of City’s Boards, officers, agents or employees; Provided, however, that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from or relate to Consultant’s performance of a “Construction Contract” as defined by California Civil Code section 2783, this paragraph shall not be construed to require Consultant to indemnify or hold City harmless to the extent such suits, causes of action, claims, losses, demands and expenses are caused by the City’s sole negligence, willful misconduct or active negligence; Provided further that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from Consultant’s design professional services as defined by California Civil Code section 2782.8, Consultant’s indemnity obligations shall be limited to allegations, suits, claims, causes of action, liability, losses, damages, demands or expenses arising out of, pertaining to, or relating to the Consultant’s negligence, recklessness or willful misconduct in the performance of the Contract. 11.2. In addition, and consistent with the requirements of Section 13.6 below, Consultant agrees to protect, defend, indemnify, keep and hold harmless City, including its Boards, Departments and City’s officers, agents, servants and employees, from and against any and all claims, damages, liabilities, losses and expenses arising out of any threatened, alleged or actual claim that the end product provided to LAWA by Consultant violates any patent, copyright, trade secret, proprietary right, intellectual property right, moral right, privacy, or similar right, or any other rights of any third party anywhere in the world. Consultant agrees to, and shall, pay all damages, settlements, expenses and costs, including costs of investigation, court costs and attorney’s fees, and all other costs and damages sustained or incurred by City arising out of, or relating to, the matters set forth above in this paragraph of the City's “Hold Harmless” agreement. 11.3. In Consultant’s defense of the City under this Section, negotiation, compromise, and settlement of any action, the City shall retain discretion in and control of the litigation, negotiation, compromise, settlement, and appeals there from, as required by the Los Angeles City Charter, particularly Article II, Sections 271,272 and 273 thereof.