Common use of Developer’s Indemnity Clause in Contracts

Developer’s Indemnity. The Developer shall defend, indemnify, assume all responsibility for, and hold the Agency and the City, and their representatives, volunteers, officers, employees and agents, harmless from all claims, demands, damages, defense costs or liability for any damages to property or injuries to persons, including accidental death (including reasonable attorneys fees and costs), which may be caused by any acts or omissions of the Developer under this Agreement and/or with respect to the development, ownership and/or operation of the Applicable Parcel and Applicable Improvements by the Developer, whether such activities or performance thereof be by the Developer or by anyone directly or indirectly employed or contracted with by the Developer and whether such damage shall accrue or be discovered before or after termination or expiration of this Agreement. Notwithstanding the foregoing, the Developer shall not be liable for property damage or bodily injury to the extent caused by the negligence or acts or omissions of the Agency or the City or their respective officers, agents or employees or arising from or relating to the Agency’s Component and/or Developer’s construction of the Agency Remedial Improvements which liability shall be governed by the Reimbursement Agreement re Agency Component. This indemnity shall survive the termination, expiration, invalidation or performance in full or in part of this‌ Agreement, and, without limiting the foregoing, shall survive the Applicable Closing. The Agency and Developer acknowledge and agree that the indemnity obligations set forth in this Section 307.1 shall not apply to any Environmental Liabilities and that such Environmental Liabilities shall be governed solely by Section 208.2 hereof.‌

Developer’s Indemnity. The Developer shall defend, indemnify, assume all responsibility for, and hold the Agency and the City, and their representatives, volunteers, officers, employees and agentsIndemnitees, harmless from all claims, demands, damages, defense costs or liability for any damages to property or injuries to persons, including accidental death (including reasonable attorneys attorneys’ fees and costs), which may be caused by any acts or omissions of the Developer under this Agreement and/or with respect to the development, ownership and/or operation of the Applicable Parcel Site and Applicable Improvements by the Developer, whether such activities or performance thereof be by the Developer or by anyone directly or indirectly employed or contracted with by the Developer and whether such damage shall accrue or be discovered before or after termination or expiration of this Agreement. Notwithstanding the foregoing, the Developer shall not be liable for property damage or bodily injury to the extent caused by the negligence or acts or omissions of the Agency or the City or their respective officers, agents or employees Indemnitees or arising from or relating to the Successor Agency’s Component and/or Developer’s construction of the Successor Agency Remedial Improvements which liability shall be governed by the Reimbursement Agreement re Successor Agency Component. This indemnity shall survive the termination, expiration, invalidation or performance in full or in part of this‌ this Agreement, and, without limiting the foregoing, shall survive the Applicable Closing. The Agency City and Developer acknowledge and agree that the indemnity obligations set forth in this Section 307.1 shall not apply to any Environmental Liabilities and that such Environmental Liabilities shall be governed solely by Section 208.2 hereof.‌hereof.

Developer’s Indemnity. The Developer shall defend, indemnify, assume all responsibility for, and hold the Agency and the City, and their representatives, volunteers, officers, employees and agentsIndemnitees, harmless from all claims, demands, damages, defense costs or liability for any damages to property or injuries to persons, including accidental death (including reasonable attorneys attorneys’ fees and costs), which may be caused by any acts or omissions of the Developer under this Agreement and/or with respect to the development, ownership and/or operation of the Applicable Parcel and Applicable Improvements Project by the Developer, whether such activities or performance thereof be by the Developer or by anyone directly or indirectly employed or contracted with by the Developer and whether such damage shall accrue or be discovered before or after termination or expiration of this Agreement. Notwithstanding the foregoing, the Developer shall not be liable for property damage or bodily injury to the extent caused by the negligence or acts or omissions of the Agency or the City or their respective officers, agents or employees Indemnitees or arising from or relating to the Agency’s Component and/or Developer’s construction of the Agency Remedial Improvements WIG Component which liability shall be governed by the Successor Agency Reimbursement Agreement re Agency ComponentAgreement, if enforceable or, if not, then the Reimbursement Agreement. This indemnity shall survive the termination, expiration, invalidation or performance in full or in part of this‌ this Agreement, and, without limiting the foregoing, shall survive the Applicable Closing. The Agency City and Developer acknowledge and agree that the indemnity obligations set forth in this Section 307.1 shall not apply to any Environmental Liabilities and that such Environmental Liabilities shall be governed solely by Section 208.2 hereof.‌hereof.