Common use of Imdenification Clause in Contracts

Imdenification. To the fullest extent permitted by law, the BROKER shall defend if requested, protect, indemnify and hold harmless DASNY from and against any and all liability, loss, claims, demands, suits, costs, fees, interest and expenses (including actual fees and expenses of attorneys, expert witnesses, and other consultants), by whomsoever brought and regardless of the legal theories upon which premised, including, but not limited to those arising out of bodily injury to, or sickness or death of, any person, or property damage or destruction (including loss of use), which may be imposed upon, incurred by or asserted against DASNY or DASNY’s Related Parties allegedly or actually arising out of or resulting from any negligent act, error or omission or any intentional misconduct (i) of the BROKER; or (ii) of the BROKER’s Subconsultants ; or (iii) of the agents, employees or servants of the BROKER or its subconsultants. The BROKERshall also indemnify DASNY for breach of contract not related to professional services. Upon the conclusion of any such action, proceeding or lawsuit, should a final binding determination of responsibility be made that allocates responsibility to DASNY or the Client(s), DASNY agrees that the obligation to indemnify and hold harmless shall not be applicable to the portion of any uninsured money judgment for which DASNY is responsible, and DASNY agrees to pay the BROKER the percentage of uninsured defense costs that the BROKER incurred based upon an apportionment of DASNY’s allocated responsibility.

Imdenification. To the fullest extent permitted by law, the BROKER Consultant shall defend if requested, protect, indemnify and hold harmless DASNY from and against any and all liability, loss, claims, demands, suits, costs, fees, interest and expenses (including actual fees and expenses of attorneys, expert witnesses, and other consultants), by whomsoever brought and regardless of the legal theories upon which premised, including, but not limited to those arising out of bodily injury to, or sickness or death of, any person, or property damage or destruction (including loss of use), which may be imposed upon, incurred by or asserted against DASNY or DASNY’s Related Parties allegedly or actually arising out of or resulting from any negligent act, error or omission or any intentional misconduct (i) of the BROKERConsultant; or (ii) of the BROKERConsultant’s Subconsultants ; or (iii) of the agents, employees or servants of the BROKER Consultant or its subconsultants. The BROKERshall Consultant shall also indemnify DASNY for breach of contract not related to professional services. Upon the conclusion of any such action, proceeding or lawsuit, should a final binding determination of responsibility be made that allocates responsibility to DASNY or the Client(s), DASNY. DASNY agrees that the obligation to indemnify and hold harmless shall not be applicable to the portion of any uninsured money judgment for which DASNY is responsible, and DASNY agrees to pay the BROKER Consultant the percentage of uninsured defense costs that the BROKER incurred based upon an apportionment of DASNY’s allocated responsibility.