Indemnification and Release Provisions. IT IS THE PARTIES INTENT THAT THIS PROVISION IS SPECIFICALLY IN COMPLIANCE WITH ALL IDAHO LAWS including ID Rev Statute §29-114, AND TO THE FULLEST EXTENT PERMITTED BY IDAHO LAW, CUSTOMER AGREES TO INDEMNIFY, RELEASE, AND SAVE COMPANY, ITS EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS OR LOSS FOR DEATH OR INJURY TO PERSONS INCLUDING COMPANY’S AND CUSTOMER’S EMPLOYEES, OF ALL LOSS, DAMAGE OR INJURY TO PROPERTY, ARISING IN ANY MANNER OUT OF CUSTOMER’S WORK OR OPERATIONS. IT IS THE PARTIES’ INTENT THAT THIS DUTY TO INDEMNIFY IS AS BROAD AS PERMITTED BY IDAHO LAW. – – Customer's duty to indemnify hereunder shall include costs or expenses arising out of claims specified herein, including all court and/or arbitration costs, filing fees, attorneys' fees and costs of settlement. However, the Customer shall not be required to indemnify Company for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Company, the Company’s agents, employees or Indemnitees. The Customer’s obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Company shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Customer’s additional obligations hereunder, Customer shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time, and costs of testing of property, or other items) initiated by the Company, Company’s insurance carriers or Company’s third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly Customer’s Work or Operations, whether or not such accident involves personal injury, death or damage to property or all of these. IDAHO INSURANCE – To the fullest extent permitted by Idaho law, the Customer agrees to purchase, maintain and carry the following insurance coverages prior to Customer Beginning Work or Operations on the job site. The Customer shall procure the following coverages for Company: a)...
Indemnification and Release Provisions. Each Borrower hereby agrees to defend Agent, Lenders and their directors, officers, agents, employees and attorneys from, and hold each of them harmless against, any and all losses, liabilities (including without limitation settlement costs and amounts, transfer taxes, documentary taxes, or assessments or charges made by any governmental authority), claims, damages, interests, judgments, costs, or expenses, including without limitation, reasonable fees and disbursements of attorneys, incurred by any of them arising out of or in connection with or by reason of this Agreement, the making of the Loan or any Collateral, or any other Credit Document, or related transaction, including without limitation, any and all losses, liabilities, claims, damages, interests, judgments, costs or expenses relating to or arising under any Consumer Finance Laws or Environmental Control Statute or the application of any such statute to Borrowers’ properties or assets. Each Borrower hereby releases Agent, Lenders and their respective directors, officers, agents, employees and attorneys from any and all claims for loss, damages, costs or expenses caused or alleged to be caused by any act or omission on the part of any of them, other than such loss, damage cost or expense which has been determined by a court of competent jurisdiction to have been caused by the breach of contract, gross negligence or willful misconduct of Agent and Lenders. All obligations provided for in this Section 10.1 shall survive any termination of this Agreement or the Commitments and the repayment of the Loan.
Indemnification and Release Provisions. IT IS THE PARTIES INTENT THAT THIS PROVISION IS SPECIFICALLY IN COMPLIANCE WITH ALL IDAHO LAWS including ID Rev Statute §29-114, AND TO THE FULLEST EXTENT PERMITTED BY IDAHO LAW, LESSEE AGREES TO INDEMNIFY, RELEASE, AND SAVE LESSOR, ITS EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS OR LOSS FOR DEATH OR INJURY TO PERSONS INCLUDING XXXXXX’S AND LESSEE’S EMPLOYEES, OF ALL LOSS, DAMAGE OR INJURY TO PROPERTY, INCLUDING THE EQUIPMENT, ARISING IN ANY MANNER OUT OF LESSEE’S OPERATION OR USE OF THE EQUIPMENT. XXXXXX’S OBLIGATION TO INDEMNIFY SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, INDEMNITY FOR ANY AND ALL LIABILITY OF LESSOR ARISING OUT OF ANY STATUTE, REGULATION OR DUTY IMPOSED BY LAW. XXXXXX’S OBLIGATION TO INDEMNIFY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO, XXXXXX’S COMPLETE SCOPE OF WORK, INCLUDING ALL SERVICES, ADVICE, RECOMMENDATIONS, PLANS AND SPECIFICATIONS PROVIDED. IT IS THE PARTIES’ INTENT THAT THIS DUTY TO INDEMNIFY IS AS BROAD AS PERMITTED BY IDAHO LAW. – – Xxxxxx's duty to indemnify hereunder shall include costs or expenses arising out of claims specified herein, including all court and/or arbitration costs, filing fees, attorneys' fees and costs of settlement. However, the Lessee shall not be required to indemnify Lessor for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Lessor, the Lessor’s agents, employees or Indemnitees. The Lessee’s obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee’s additional obligations hereunder, but only to the full extent permitted by law, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, Equipment, or other items) initiated by the Lessor, Lessor’s insurance carriers or Lessor’s third party adjusters into any accident of any kind, w...
Indemnification and Release Provisions. 67 10.2. Participations and Assignments......................... 67 10.3. Binding and Governing Law.............................. 68 10.4. Survival............................................... 68 10.5. No Waiver; Delay....................................... 68 10.6. Modification........................................... 69 10.7. Headings............................................... 69 10.8. Notices................................................ 69 10.9. Payment on Non-Business Days........................... 69 10.10. Time of Day............................................ 69 10.11. Severability........................................... 69 10.12. Counterparts........................................... 70 10.13. Consent to Jurisdiction and Service of Process......... 70 10.14.
Indemnification and Release Provisions. (a) In consideration for being permitted to use the facilities of the City (Applicant) agrees to indemnify and hold harmless and expressly exempts and releases the City of Sterling, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims and demands, which are incurred, made or brought by any person or entity on account of damage, loss, or injury, including without limitation claims arising from property loss or damage, bodily injury, personal injury, sickness, disease, death, or any other loss or any other kind whatsoever, which arise out of or are in any manner connected with the use of the facilities, whether any such liability, claims, or demands result from the act, omission, negligence or other fault on the part of the City, its officers or its employees or from any other cause whatsoever.
Indemnification and Release Provisions. Borrowers hereby agree to defend Agent and each Lender and its respective directors, officers, agents and employees from, and hold each of them harmless against, any and all losses, liabilities (including, without limitation, settlement costs and amounts, transfer taxes, documentary taxes, or assessments or charges made by any governmental authority), claims, damages, interests, judgments, costs, or expenses, including without limitation reasonable fees and disbursements of counsel incurred by any of them arising out of or in connection with or by reason of this Agreement, the Commitment, the making of the Loan or any Collateral Security Document, including without limitation, any and all losses, liabilities, claims, damages, interests, judgments, costs or expenses relating to or arising under any Environmental Control Statute or License or the application of any such Statute to any of Borrowers' properties or assets, excluding, however, those caused by such party's respective gross negligence or willful misconduct. Borrowers hereby release Agent and each Lender and its respective directors, officers, agents and employees from any and all claims for loss, damages, costs or expenses caused or alleged to be caused by any act or omission on the part of any of them except for those caused by such party's respective gross negligence or willful misconduct. All obligations provided for in this Paragraph 10.1 shall survive any termination of this Agreement or the Commitment and the repayment of the Loan.
Indemnification and Release Provisions. Borrower and each Guarantor hereby agree to defend Agents and each Lender and their directors, officers, agents, employees, and counsel from, and hold each of them harmless against, any and all losses, liabilities (including, without limitation, settlement costs and amounts, transfer taxes, documentary taxes, or assessments or charges made by any governmental authority), claims, damages, interest, judgments, costs, or expenses, including, THIRD AMENDED AND 75 RESTATED CREDIT AGREEMENT without limitation, reasonable fees and disbursements of counsel, incurred by or asserted against any of them arising out of or in connection with or by reason of this Agreement, the Commitment, the making of the Loan, or any Collateral Security Document, including, without Limitation, any and all losses, liabilities, claims, damages, interests, judgments, costs, or expenses relating to or arising under any Environmental Control Statute or the application of any such Statute to Borrower's or any Guarantor's or any Restricted Subsidiary's properties or assets, except, however, to the extent resulting from a Lender's own willful misconduct or gross negligence; PROVIDED, HOWEVER, that Agents, Lenders, and their respective directors, officers, agents, employees, and counsel shall in no event be liable for any consequential damages. Borrower, Communications, and each Guarantor each hereby release Agents and each Lender and its respective directors, officers, agents, employees, and counsel from any and all claims for loss, damages, costs, or expenses caused or alleged to be caused by any act or omission on the part of any of them, except, however, to the extent any of the foregoing results from a Lender's own wilful misconduct or gross negligence. All obligations provided for in this SECTION 14.1 shall survive any termination of this Agreement or the Commitment and the repayment of the Loan.
Indemnification and Release Provisions. Borrower hereby agrees -------------------------------------- to defend Agent and each Lender and their directors, officers, agents, employees and counsel from, and hold each of them harmless against, any and all losses, liabilities (including without limitation settlement costs and amounts, transfer taxes, documentary taxes, or assessments or charges made by any governmental authority), claims, damages, interest judgments, costs, or expenses, including without limitation reasonable fees and disbursements of counsel, incurred by any of them arising out of or in connection with or by reason of this Agreement, the Revolving Credit Commitment, the making of the Loans or any Collateral therefor, other than those resulting from any such party's own wilful misconduct or gross negligence, including without limitation, any and all losses, liabilities, claims, damages, interests, judgments, costs or expenses relating to or arising under any Environmental Law. Borrower hereby releases Agent and each Lender and their directors, officers, agents, employees and counsel from any and all claims for loss, damages, costs or expenses caused or alleged to be caused by any act or omission on the part of any of them other than those resulting from any such party's own wilful misconduct or gross negligence. All obligations provided for in this Paragraph 9.1 shall survive any termination of this Agreement or the Revolving Credit Commitment and the repayment of the Loans.
Indemnification and Release Provisions. IT IS THE PARTIES INTENT THAT THIS PROVISION IS SPECIFICALLY IN COMPLIANCE WITH ALL COLORADO LAWS, AND TO THE FULLEST EXTENT PERMITTED BY COLORADO LAW, CUSTOMER AGREES TO INDEMNIFY, RELEASE, AND SAVE COMPANY, ITS EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS OR LOSS FOR DEATH OR INJURY TO PERSONS INCLUDING COMPANY’S AND CUSTOMER’S EMPLOYEES, OF ALL LOSS, DAMAGE OR INJURY TO PROPERTY, ARISING IN ANY MANNER OUT OF CUSTOMER’S WORK OR OPERATIONS. IT IS THE PARTIES’ INTENT THAT THIS DUTY TO INDEMNIFY IS AS BROAD AS PERMITTED BY COLORADO LAW. It is the
Indemnification and Release Provisions. Borrower hereby agrees to defend Agent and each Bank and their directors, officers, agents, employees and counsel from, and hold each of them harmless against, any and all losses, liabilities (including without limitation settlement costs and amounts, transfer taxes, documentary taxes, or assessments or charges made by any governmental authority), claims, damages, interest judgments, costs, or expenses, including without limitation reasonable fees and disbursements of counsel, incurred by any of them arising out of or in connection with or by reason of this Agreement, the Commitment, the making of the Loan or any collateral therefor, other than those resulting primarily from any such party's own wilful misconduct or gross negligence, including without limitation, any and all losses, liabilities, claims, damages, interests, judgments, costs or expenses relating to or arising under any Environmental Control Statute or the application of any such Statute to any of the Companies' properties or assets. Borrower hereby releases Agent and each Bank and their directors, officers, agents, employees and counsel from any and all claims for loss, damages, costs or expenses caused or alleged to be caused by any act or omission on the part of any of them other than those resulting primarily from any such party's own wilful misconduct or gross negligence. All obligations provided for in this Paragraph 10.1 shall survive any termination of this Agreement or the Commitment and the repayment of the Loan.
