Common use of Definition of Proceeding Clause in Contracts

Definition of Proceeding. For purposes of this Indemnification Provision ("Provision"), "Proceeding" shall mean any actual, pending, threatened or completed action, suit, demand, claim or proceeding, whether civil, criminal, administrative or investigative (including an action by or in the right of Member) and whether formal or informal, in which MISS DIG is, was or becomes involved by reason of or related to dig notice of a planned or proposed excavation or blasting that might affect the Member’s facilities, whether the basis of such proceeding is alleged action (or inaction) by MISS DIG. Further, Member expressly acknowledges and agrees that included in this definition of Proceedings are any actions, suits, demands, claims or proceedings for damages, of any form, that are the result of any receipt and/or transmittal of a (i) design ticket, or (ii) dig notice of a planned or proposed excavation or blasting that might affect the Member’s facilities that were unknown, unforeseen, unforeseeable, or otherwise unanticipated by Member at the time of entering into this Agreement and/or Provision. Additionally, Member expressly acknowledges and agrees that indemnity under this Provision is for any and all damages, including, without limitation, claims of personal or bodily injury and/or property damage.