Common use of Developer’s Indemnity Clause in Contracts

Developer’s Indemnity. Developer agrees that it shall indemnify and hold harmless Contractor, its permitted successors and assigns and their respective directors, officers, members, shareholders and employees (collectively, the “Contractor Indemnified Parties”) from and against any and all Claims incurred by the Contractor Indemnified Parties to the extent arising from or out any injury to or death of any person or loss or damage to property of any person to the extent arising out of Developer’s negligence or willful misconduct. Developer also indemnifies and holds harmless Contractor and its permitted successors and assigns any Claims to the extent arising from or out of Developer’s material breach of its obligations under this Agreement. Developer shall not, however, be required to reimburse or indemnify any Contractor Indemnified Party for any loss to the extent such loss is due to the negligence or willful misconduct of any Contractor Indemnified Party.