Common use of INDEMINTY Clause in Contracts

INDEMINTY. 1. MCST shall indemnify, defend and hold City, its officials, officers, agents, employees, contractors, guests volunteers and invitees (hereafter, “City Indemnitees”) harmless from and against any and all claims, demands, losses, defense costs and expenses (including, without limitation, any fines, penalties, judgments, litigation costs, attorneys' fees, and consulting costs), or liability of any kind or nature by any reason, including, but not limited to, for injury to or death of person, or damage to property as a result of, arising out of, or connected in any manner to MCST’s use of the RAC, including use by any of MCST’s officers, agents, employees, contractors, volunteers, members, guests or invitees, and from any activity, work, or other thing done, permitted or suffered by the MCST or MCST’s officers, agents, employees, contractors, volunteers, members, guests or invitees in or about the RAC. MCST shall further indemnify and hold City Indemnitees harmless from and against any and all claims arising from any breach or default in the performance of any obligation on MCST's part to be performed under the terms of this Agreement, or arising from any act or negligence of the MCST or of any of its officers, agents, employees, contractors, volunteers, members, guests, or invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, any action or proceeding brought against City by reason of any such claim, MCST, upon notice from City, shall defend the same at MCST's expense by counsel reasonably satisfactory to City. Neither City nor City Indemnitees shall be liable for any damage to property entrusted to MCST's employees, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from MCST’s use of the RAC. 2. MCST agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within the RAC in violation of any law or regulation and MCST shall indemnify and hold harmless City Indemnitees, from and against any and all losses, liabilities, claims and/or costs and expenses (including, without limitation, any fines, penalties, judgments, litigation costs, attorneys' fees, and consulting, engineering and construction costs) arising from or as a result of a breach of this warranty and representation or as a result of the, disposal, storage, generation or release on the RAC at any time during the term of this Agreement of any Hazardous Materials, except to the extent caused by the gross negligence or willful misconduct of City or any City Indemnitee regardless of whether such liability, cost or expense arises during or after the Term. Should any discharge, leakage, spillage, emission, or pollution of any type occur upon or from the RAC due to MCST's use and occupancy thereof, MCST, at MCST's expense, shall clean all property affected thereby to the satisfaction of City and any governmental body having jurisdiction there over. As used in this paragraph, “Hazardous Material” shall mean any substance, chemical or waste that is identified as hazardous material, hazardous substance, hazardous waste or toxic substance in any federal, state or local law or regulation. MCST acknowledges that MCST is not looking to or relying upon City to disclose any matters which City might be required to disclose under California Health and Safety Code Section 25359.7 and that all such matters have been investigated by MCST to MCST’s satisfaction. In this regard, MCST specifically waives any and all rights it may have pursuant to the provisions of California Health and Safety Code Section 25359.7. 3. The indemnifications provided pursuant to this Section L shall survive the termination of this Lease.