Common use of Developer’s Indemnification Clause in Contracts

Developer’s Indemnification. The Developer shall protect, defend, indemnify, and save harmless the Owner, Trustee, Tenant, and their respective officers, officials, employees, and agents, from any and all claims, demands, suits, penalties, losses, damages, judgments, or costs of any kind whatsoever (hereinafter "claims"), arising out of or in any way resulting from the Developer's officers, employees, agents, and/or subcontractors of all tiers, acts or omissions, performance or failure to perform this Agreement, to the maximum extent permitted by law. Developer's obligations under this Section 15 of this Agreement shall include, but not be limited to: (i) The duty to promptly accept tender of defense and provide defense to Owner at Developer's own expense. (ii) The duty to indemnify and defend Owner from any claim, demand, and/or cause of action brought by or on behalf of any of Developer's employees, or agents. The foregoing duty is specifically and expressly intended to constitute a waiver of Developer's immunity under California’s industrial insurance act as respects the Owner only, with a full and complete indemnity and defense of claims made by ▇▇▇▇▇▇▇▇▇'s employees. The parties acknowledge that these provisions were mutually negotiated and agreed upon by them. (iii) To the maximum extent permitted by law, Developer shall indemnify and defend Owner from and be liable for all damages and injury which shall be caused to owners of property on or in the vicinity of the construction of the Project or which shall occur to any person or persons or property whatsoever arising out of this Agreement, whether or not such injury or damage is caused by negligence of the Developer or caused by the inherent nature of the construction of the Project. (iv) In the event the Owner incurs any judgment, award, and/or costs arising therefrom, including attorneys’ fees, to enforce the provisions of this Section, all such reasonable fees, expenses, and costs shall be recoverable from the Developer. Notwithstanding the provisions contained in this subsection above, Developer's obligation to indemnify Owner shall not extend to any claim, demand or cause of action arising or in connection with the negligence, intentional acts or breach of this Agreement by Owner, Trustee, Tenant or their respective agents or employees.

Developer’s Indemnification. The Developer shall protect, defend, indemnify, and save harmless the Owner, Trustee, Tenant, and their respective officers, officials, employees, and agents, from any and all claims, demands, suits, penalties, losses, damages, judgments, or costs of any kind whatsoever (hereinafter "“claims"”), arising out of or in any way resulting from the Developer's ’s officers, employees, agents, and/or subcontractors of all tiers, acts negligence, willful misconduct or omissions, performance or failure to perform breach of this Agreement, to the maximum extent permitted by law, including RCW 4.24.115, as now enacted or as hereinafter amended. Developer's ’s obligations under this Section 15 of this Agreement shall include, but not be limited to: (i) The duty to promptly accept tender of defense and provide defense to Owner Owner, Trustee and Tenant at Developer's ’s own expense. (ii) The duty to indemnify and defend Owner Owner, Trustee and Tenant from any such claim, demand, and/or cause of action brought by or on behalf of any of Developer's ’s employees, or agents. The foregoing duty is specifically and expressly intended to constitute a waiver of Developer's ’s immunity under CaliforniaWashington’s industrial insurance act Industrial Insurance Act, RCW Title 51, as respects the Owner Owner, Trustee and Tenant only, with a full and complete indemnity and defense of claims made by ▇▇▇▇▇▇▇▇▇'s Developer’s employees. The parties acknowledge that these provisions were mutually negotiated and agreed upon by them. (iii) To the maximum extent permitted by law, Developer shall indemnify and defend Owner Owner, Trustee and Tenant from and be liable for all damages and injury which shall be caused to owners of property on or in the vicinity of the construction of the Project or which shall occur to any person or persons or property whatsoever arising out of or in any way resulting from the Developer’s officers, employees, agents, and/or subcontractors of all tiers, negligence, willful misconduct or breach of this Agreement, whether or not such injury or damage is caused by negligence of the Developer or caused by the inherent nature of the construction of the Project. (iv) In the event the Owner Owner, Trustee or Tenant incurs any judgment, award, and/or costs arising therefromfrom any claim to which they are entitled to be indemnified hereunder, including attorneys’ fees, to enforce the provisions of this Section, all such reasonable fees, expenses, and costs shall be recoverable from the Developer. Notwithstanding the provisions contained in this subsection above, Developer's ’s obligation to indemnify Owner Owner, Trustee and Tenant shall not extend to any claim, demand or cause of action arising or in connection with to the extent caused by the negligence, intentional acts or breach of this Agreement by Owner, Trustee, Tenant or their respective agents or employees.