Common use of Hold Harmless Provision Clause in Contracts

Hold Harmless Provision. The Applicant hereby releases the Village from, agrees that the Village shall not be liable for, and agrees to indemnify, defend and hold the Village and its board, elected officials, employees, members, agents, representatives, their respective successors and assigns and personal representatives harmless from and against any and all (i) liability for loss or damage to property or injury to or death of any and all persons that may be occasioned by any cause whatsoever pertaining to the Project or arising by reason of or in connection with the occupation or the use thereof or the presence on, in or about the Project or breach by the Applicant of this Agreement or (ii) liability arising from or expense incurred by the Village municipal oversight and approval of building permits, inspections and issuance of certificates of compliance and/or certificates of occupancy pertaining to constructing, reconstructing, renovating, rehabilitating, installing, equipping and leasing of the Project, including without limiting the generality of the foregoing, all causes of action and reasonable attorneys’ fees and any other expense, incurred in defending any suits or actions which may arise as a result of any of the foregoing including any legal challenges to the Project by third parties, taxpayers or otherwise. The foregoing indemnities shall apply notwithstanding the fault or negligence on the part of the Village, or its board, elected officials, officers, employees, members, agents (except the Applicant), and representatives, their respective successors and assigns and personal representatives and irrespective of the breach of a statutory obligation or the application of any rule of comparative or apportioned liability, except that such indemnities will not be applicable with respect to willful misconduct or gross negligence on the part of the Village or any other person or entity to be indemnified.

Hold Harmless Provision. The Applicant Company hereby releases the Village Agency from, agrees that the Village Agency shall not be liable for, and agrees to indemnify, defend and hold the Village Agency and its boardexecutive director, elected officialsdirectors, officers, members, employees, members, agentsagents (except the Company), representatives, their respective successors and assigns and personal representatives harmless from and against any and all (i) liability for loss or damage to property or injury to or death of any and all persons that may be occasioned by any cause whatsoever pertaining to the Project Facility or arising by reason of or in connection with the occupation or the use thereof or the presence on, in or about the Project or breach Facility by the Applicant of this Agreement or (ii) liability arising from or expense incurred by the Village municipal oversight and approval of building permits, inspections and issuance of certificates of compliance and/or certificates of occupancy pertaining to constructing, reconstructing, renovatingAgency’s financing, rehabilitating, installingrenovation, equipping equipping, owning and leasing of the ProjectFacility, including without limiting the generality of the foregoing, all causes of action and reasonable attorneys’ fees and any other expense, expense incurred in defending any suits or actions which may arise as a result of any of the foregoing including foregoing; provided that any legal challenges to such liability of the Project by third partiesAgency does not arise from, taxpayers relate to, or otherwiseresult from the negligence or willful misconduct of the Agency or any of its executive director, directors, officers, members, employees, agents (except the Company), representatives, successors and assigns. The foregoing indemnities shall apply notwithstanding the fault or negligence on the part of the VillageAgency, or any of its boardrespective members, elected officialsdirectors, officers, employees, members, agents (except the Applicant), and representatives, their respective successors and assigns and personal representatives or employees and irrespective of the breach of a statutory obligation or the application of any rule of comparative or apportioned liability, except that such indemnities will not be applicable with respect to willful misconduct or gross negligence on the part of the Village Agency or any other person or entity to be indemnified.

Hold Harmless Provision. The Applicant Company hereby releases the Village Agency from, agrees that the Village Agency shall not be liable for, and agrees to indemnify, defend and hold the Village Agency and its boardexecutive director, elected officialsdirectors, officers, members employees, members, agentsagents (except the Company), representatives, their respective successors and assigns and personal representatives harmless from and against any and all (i) liability for loss or damage to property or injury to or death of any and all persons that may be occasioned by any cause whatsoever pertaining to the Project or the Premises or arising by reason of or in connection with the occupation occupation, or the use thereof or the presence on, in or about the Project or Premises or breach by the Applicant Company of this Agreement or (ii) liability arising from or expense incurred by the Village municipal oversight and approval of building permitsAgency’s financing, inspections and issuance of certificates of compliance and/or certificates of occupancy pertaining to constructing, reconstructing, renovatingacquiring, rehabilitating, installingconstructing, equipping renovation, equipping, owning and leasing of the ProjectProject or the Premises, including without limiting the generality of the foregoing, all causes of action and reasonable attorneys’ fees and any other expense, expenses incurred in defending any suits or actions which may arise as a result of any of the foregoing including any legal challenges to the Project by third parties, taxpayers or otherwiseforegoing. The foregoing indemnities shall apply notwithstanding the fault or negligence on the part of the VillageAgency, or any of its boardrespective members, elected officialsdirectors, officers, employees, members, agents (except the Applicant), and representatives, their respective successors and assigns and personal representatives Company) or employees and irrespective of the breach of a statutory obligation or the application of any rule of comparative or apportioned liability, except that such indemnities will not be applicable with respect to any loss, liability or claim arising solely from the willful misconduct or gross negligence on the part of the Village Agency or any other person or entity to be indemnified. The provisions of this Section 9 and the obligations of the Company hereunder shall survive a termination of this Agreement.

Hold Harmless Provision. The Applicant Company hereby releases the Village Agency from, agrees that the Village Agency shall not be liable for, and agrees to indemnify, defend and hold the Village Agency and its boardchief executive officer, elected officialsexecutive director, directors, officers, employees, members, agentsagents (except the Company), representatives, their respective successors and assigns and personal representatives harmless from and against any and all (i) liability for loss or damage to property or injury to or death of any and all persons that may be occasioned by any cause whatsoever pertaining to the 2014 Project or arising by reason of or in connection co1mection with the occupation or the use thereof or the presence of such persons on, in or about the 2014 Project or breach by the Applicant Company of this Agreement or (ii) liability arising from or expense incurred by the Village municipal oversight and approval of building permitsAgency's (i) financing, inspections and issuance of certificates of compliance and/or certificates of occupancy pertaining to acquiring, constructing, reconstructing, renovating, rehabilitating, installing, installing and equipping of the 2014 Project; and (ii) the leasing of the Project2014 Project to the Company, including without limiting the generality of the foregoing, all causes of action and reasonable attorneys’ ' fees and any other expense, incurred in defending any suits or actions which may arise as a result of any of the foregoing including any legal challenges to the Project by third parties, taxpayers or otherwiseforegoing. The foregoing indemnities shall apply notwithstanding the fault or negligence on the part of the VillageAgency, or its boardrespective chief executive officer, elected officialsexecutive director, directors, officers, employees, members, agents (except the ApplicantCompany), and representatives, their respective successors and assigns and personal representatives and irrespective of the breach of a statutory obligation or the application of any rule of comparative or apportioned liability, except that such indemnities will not be applicable with respect to willful misconduct or gross negligence on the part of the Village Agency or any other person or entity to be indemnified.

Hold Harmless Provision. The Applicant Company and the Lessee each hereby releases the Village Agency from, agrees that the Village Agency shall not be liable for, and agrees to indemnify, defend and hold the Village Agency and its boardexecutive director, elected officialsdirectors, officers, members, employees, members, agentsagents (except the Company), representatives, their respective successors and assigns and personal representatives harmless from and against any and all (i) liability for loss or damage to property or injury to or death of any and all persons that may be occasioned by any cause whatsoever pertaining to the Project or the Premises or arising by reason of or in connection with the occupation occupation, or the use thereof or the presence on, in or about the Project or Premises or breach by the Applicant Company or the Lessee of this Agreement or (ii) liability arising from or expense incurred by the Village municipal oversight and approval of building permitsAgency’s financing, inspections and issuance of certificates of compliance and/or certificates of occupancy pertaining to constructing, reconstructing, renovatingacquiring, rehabilitating, installingconstructing, equipping renovation, equipping, owning and leasing of the ProjectProject or the Premises, including without limiting the generality of the foregoing, all causes of action and reasonable attorneys’ fees and any other expense, expenses incurred in defending any suits or actions which may arise as a result of any of the foregoing including any legal challenges to the Project by third parties, taxpayers or otherwiseforegoing. The foregoing indemnities shall apply notwithstanding the fault or negligence on the part of the VillageAgency, or any of its boardrespective members, elected officialsdirectors, officers, employees, members, agents (except the Applicant), and representatives, their respective successors and assigns and personal representatives Company or the Lessee) or employees and irrespective of the breach of a statutory obligation or the application of any rule of comparative or apportioned liability, except that such indemnities will not be applicable with respect to any loss, liability or claim arising solely from the willful misconduct or gross negligence on the part of the Village Agency or any other person or entity to be indemnified. The provisions of this Section 9 and the obligations of the Company and the Lessee hereunder shall survive a termination of this Agreement.

Hold Harmless Provision. The Applicant Company hereby releases the Village Agency from, agrees that the Village Agency shall not be liable for, and agrees to indemnify, defend and hold the Village Agency and its boardc11ief executive officer, elected officialsexecutive director directors, officers, employees, members, agentsagents (except the Company), representatives, their respective successors and assigns and personal representatives harmless ▇▇▇▇▇▇▇▇ from and against any and all (i) liability for loss or damage to property or injury to or death of any and all persons that may be occasioned by any cause whatsoever pertaining to the Project or arising by reason of or in connection with the occupation or the use thereof or the presence on, in or about the Project or breach by the Applicant Company of this thls Master Development and Agent Agreement or (ii) liability arising from or expense incurred by the Village municipal oversight and approval of building permitsAgency's financing, inspections and issuance of certificates of compliance and/or certificates of occupancy pertaining to constructingacquiring, reconstructing, renovatingdemolition, rehabilitating, installingconstructing, renovation, equipping and leasing of the Project, including without limiting lin1iting the generality of the foregoing, all causes of action and reasonable attorneys’ ' fees and any other expense, incurred in defending any suits or actions which wruch may arise as a result of any of the foregoing including any legal challenges to the Project by third parties, taxpayers or otherwiseforegoing. The foregoing indemnities shall apply notwithstanding the fault or negligence on the part of the VillageAgency, or its boardrespective c11ief executive officer, elected officialsexecutive director, directors, officers, employees, members, agents (except the ApplicantCompany), and representatives, their respective successors and assigns and personal representatives and irrespective of the breach of a statutory obligation or the application of any rule of comparative or apportioned liability, except that such indemnities will not be applicable with respect to willful misconduct or gross negligence on the part of the Village Agency or any other person or entity to be indemnified.. 603 70-00 I v7

Hold Harmless Provision. The Applicant Company hereby releases the Village Agency from, agrees that the Village Agency shall not be liable for, and agrees to indemnify, defend and hold the Village Agency and its boardexecutive director, elected officialsdirectors, officers, members, employees, members, agentsagents (except the Company), representatives, their respective successors and assigns and personal representatives harmless from and against any and all all (i) liability for loss or damage to property or injury to or death of any and all persons that may be occasioned by any cause whatsoever pertaining to the Project or arising by reason of or in connection with the occupation or the use thereof or the presence on, in or about the Project or breach by the Applicant Company of this Agreement or (ii) liability arising from or expense incurred by the Village municipal oversight and approval of building permits, inspections and issuance of certificates of compliance and/or certificates of occupancy pertaining to constructing, reconstructing, renovatingAgency’s financing, rehabilitating, installingrenovation, equipping equipping, owning and leasing of the Project, including without limiting limitation the generality of the foregoing, all causes of action and reasonable attorneys’ attorney’s fees and any other expense, expenses incurred in defending any suits or actions which may arise as a result of any of the foregoing including any legal challenges to the Project by third parties, taxpayers or otherwiseforegoing. The foregoing indemnities shall apply notwithstanding the fault or negligence on the part of the VillageAgency, or any of its boardrespective members, elected officialsdirectors, officers, employees, members, agents (except the Applicant), and representatives, their respective successors and assigns and personal representatives or employees and irrespective of the breach of a statutory obligation or the application of any rule of comparative or apportioned liability, except that such indemnities will not be applicable with respect to willful misconduct or gross negligence on the part of the Village Agency or any other person or entity to be indemnified. The Company shall not permit to stand, and will, at its own expense, take all steps reasonably necessary to remove (or bond the same if acceptable to the Agency and its counsel), any mechanics’ or other liens against the Facility for labor or materials furnished in connection with the acquisition, construction and equipping of the Facility. The Company shall forever defend, indemnify and hold the Agency, its members, officers, employees and agents, and anyone for whose acts or omissions the Agency or any of them may be liable, harmless from and against costs, losses, expenses, claims, damages and liabilities of whatever kind or nature arising, directly or indirectly, out of or based on labor, services, materials and supplies, including equipment, order or used in connection with the acquisition, construction and equipping of the Facility or arising out of any contract or other arrangement therefor (and including any expenses incurred by the Agency in defending any claims, suits or actions which may arise as a result of the foregoing), whether such claims or liabilities arise as a result of the Company acting as agent for the Agency pursuant to this Agreement or otherwise. The foregoing indemnities shall apply notwithstanding the fault or negligence on the part of the Agency, or any of its respective members, directors, officers, agents or employees and irrespective of the breach of a statutory obligation or the application of any rule of comparative or apportioned liability, except that such indemnities will not be applicable with respect to willful misconduct or gross negligence on the part of the Agency or any other person or entity to be indemnified. The defense and indemnities provided for in this Section shall apply whether or not the claim, liability, cause of action or expense is caused or alleged to be caused, in whole or in part, by the activities, acts, fault or negligence of the Agency, its members, officers, employees and agents, any under the direction and control of any of them (together, the Agency’s “affiliates”), or anyone for whose acts or omissions the Agency or any of them may be liable, and whether or not based upon breach of a statutory duty or obligation or any theory or rule of comparative or apportioned liability, subject only to any specific prohibition relating to the scope of indemnities imposed by statutory law.

Hold Harmless Provision. The Applicant 199 PCL and Amherst 203 APL each hereby releases the Village Agency from, agrees that the Village Agency shall not be liable for, and agrees agrees, to the fullest extent permitted by law, to indemnify, defend and hold the Village Agency and its boardexecutive director, elected officialsdirectors, officers, members employees, members, agentsagents (except the Company), representatives, their respective successors and assigns and personal representatives harmless from and against any and all (i) liability for loss or damage to property or injury to or death of any and all persons that may be occasioned by any cause whatsoever pertaining to the Project or the Premises or arising by reason of or in connection with the occupation occupation, or the use thereof or the presence on, in or about the Project or Premises or breach by the Applicant Company of this Agreement or (ii) liability arising from or expense incurred by the Village municipal oversight and approval of building permitsAgency's financing, inspections and issuance of certificates of compliance and/or certificates of occupancy pertaining to constructing, reconstructing, renovatingacquiring, rehabilitating, installingconstructing, equipping renovation, equipping, owning and leasing of the ProjectProject or the Premises, including without limiting the generality of the foregoing, all causes of action and reasonable attorneys’ ' fees and any other expense, expenses incurred in defending any suits or actions which may arise as a result of any of the foregoing including any legal challenges to foregoing. To the Project fullest extent permitted by third partieslaw, taxpayers or otherwise. The the foregoing indemnities shall apply notwithstanding the fault or negligence on the part of the VillageAgency, or any of its boardrespective members, elected officialsdirectors, officers, employees, members, agents (except the Applicant), and representatives, their respective successors and assigns and personal representatives Company) or employees and irrespective of the breach of a statutory obligation or the application of any rule of comparative or apportioned liability, except that such indemnities will not be applicable with respect to any loss, liability or claim arising solely from the willful misconduct or gross negligence on the part of the Village Agency or any other person or entity to be indemnified. The provisions of this Section 9 and the obligations of the Company hereunder shall survive a termination of this Agreement.

Hold Harmless Provision. The Applicant Company hereby releases the Village Agency from, agrees that the Village Agency shall not be liable for, and agrees to indemnify, defend and hold the Village Agency and its boardexecutive director, elected officialsdirectors, officers, members employees, members, agentsagents (except the Company), representatives, their respective successors and assigns and personal representatives harmless from and against any and all (i) liability for loss or damage to property or injury to or death of any and all persons that may be occasioned by any cause whatsoever pertaining to the Project or the Premises or arising by reason of or in connection with the occupation occupation, or the use thereof or the presence on, in or about the Project or Premises or breach by the Applicant Company of this Agreement or (ii) liability arising from or expense incurred by the Village municipal oversight and approval of building permitsAgency’s financing, inspections and issuance of certificates of compliance and/or certificates of occupancy pertaining to constructing, reconstructing, renovatingacquiring, rehabilitating, installingconstructing, equipping renovation, equipping, owning and leasing of the ProjectProject or the Premises, including without limiting the generality of the foregoing, all causes of action and reasonable attorneys’ fees and any other expense, expenses incurred in defending any suits or actions which may arise as a result of any of the foregoing including any legal challenges to the Project by third parties, taxpayers or otherwiseforegoing. The foregoing indemnities shall apply notwithstanding the fault or negligence on the part of the VillageAgency, or any of its boardrespective members, elected officialsdirectors, officers, employees, members, agents (except the Applicant), and representatives, their respective successors and assigns and personal representatives Company) or employees and irrespective of the breach of a statutory obligation or the application of any rule of comparative or apportioned liability, except that such indemnities will not be applicable with respect to any loss, liability or claim arising solely from the willful misconduct or gross negligence on the part of the Village Agency or any other person or entity to be indemnified. The provisions of this Section 9 and the obligations of the Company hereunder shall survive any termination of this Agreement.

Hold Harmless Provision. The Applicant Company hereby releases the Village Agency from, agrees that the Village Agency shall not be liable for, and agrees to indemnify, defend and hold the Village Agency and its boardexecutive director, elected officialsdirectors, officers, members, employees, members, agentsagents (except the Company), representatives, their respective successors and assigns and personal representatives harmless from and against any and all (i) liability for loss or damage to property or injury to or death of any and all persons that may be occasioned by any cause whatsoever pertaining to the Project Facility or arising by reason of or in connection with the occupation or the use thereof or the presence on, in or about the Project or breach Facility by the Applicant of this Agreement or (ii) liability arising from or expense incurred by the Village municipal oversight and approval of building permits, inspections and issuance of certificates of compliance and/or certificates of occupancy pertaining to constructing, reconstructing, renovatingAgency’s financing, rehabilitating, installingrenovation, equipping equipping, owning and leasing of the ProjectFacility, including without limiting the generality of the foregoing, all causes of action and reasonable attorneys’ fees and any other expense, expense incurred in defending any suits or actions which may arise as a result of any of the foregoing including foregoing; provided that any legal challenges to such liability of the Project by third partiesAgency does not arise from, taxpayers relate to, or otherwiseresult from the gross negligence or willful misconduct of the Agency or any of its executive director, directors, officers, members, employees, agents (except the Company), representatives, successors and assigns. The foregoing indemnities shall apply notwithstanding the fault or negligence on the part of the VillageAgency, or any of its boardrespective members, elected officialsdirectors, officers, employees, members, agents (except the Applicant), and representatives, their respective successors and assigns and personal representatives or employees and irrespective of the breach of a statutory obligation or the application of any rule of comparative or apportioned liability, except that such indemnities will not be applicable with respect to willful misconduct or gross negligence on the part of the Village Agency or any other person or entity to be indemnified.