Common use of General Hold Harmless Clause in Contracts

General Hold Harmless. Participant Dealership shall indemnify and save harmless PCEA and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Participant Dealership under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following: (A) injuries to or death of any person, including Participant Dealership or its employees/officers/agents; (B) damage to any property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of damages resulting from Participant Dealership’s failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or (D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of PCEA and/or its officers, agents, employees, or servants. However, Participant Dealership’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which PCEA has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct. The duty of Participant Dealership to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

Appears in 2 contracts

Sources: Participant Dealership Agreement, Participant Dealership Agreement

General Hold Harmless. Participant Dealership Contractor shall indemnify and save harmless PCEA County and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the negligent or intentionally wrongful performance of any work or services required of Participant Dealership Contractor under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following: (A) injuries to or death of any person, including Participant Dealership Contractor or its employees/officers/agents; (B) damage to any property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of damages resulting from Participant DealershipContractor’s failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or (D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of PCEA County and/or its officers, agents, employees, or servants; but to the fullest extent permitted by law, only to the extent of claims and liabilities arising from its negligence. However, Participant DealershipContractor’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which PCEA County has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct. The duty of Participant Dealership Contractor to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

Appears in 1 contract

Sources: Investment Advisory Services Agreement

General Hold Harmless. Participant Dealership Contractor shall indemnify and save harmless PCEA County and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Participant Dealership Contractor under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the followingfollowing but only resulting from Contractor's negligence, recklessness or willful misconduct: (A) injuries to or death of any person, including Participant Dealership Contractor or its employees/officers/agents; (B) damage to any property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of damages resulting from Participant DealershipContractor’s failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or (D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of PCEA County and/or its officers, agents, employees, or servants. However, Participant DealershipContractor’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which PCEA County has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct. The duty of Participant Dealership Contractor to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

Appears in 1 contract

Sources: On Call Civil and Structural Marine Engineering Services Agreement