Common use of Indemnification by Construction Manager Clause in Contracts

Indemnification by Construction Manager. To the maximum extent permitted by law, the Construction Manager shall defend, indemnify and hold-harmless the District and its District Board members, officers, employees and agents (collectively, not including the District, the “District Agents”) from and against any and all claims (including, without limitation, workers’ compensation claims), demands, actions, damages, losses, costs (including, without limitation, attorneys’ fees and expenses), expenses and other liabilities of any nature whatsoever, (each a “Liability”), including, but not limited to, damage to property and injury to any person, including death, to the extent arising from performance of this Agreement by the Construction Manager or the Construction Manager’s actions in connection with the Project. Any defense of the District and/or District Agents shall be conducted by qualified and appropriately experienced legal counsel reasonably acceptable to the District, but selected and retained by the Construction Manager at its sole cost. Notwithstanding anything to the contrary, the Construction Manager shall also pay all costs related to the District’s own legal counsel monitoring and, if necessary, participating in any defense of the District and/or any of the District Agents conducted by the Construction Manager pursuant to this Section. The Construction Manager shall not be liable pursuant to this Section for any claims, demands, actions, damages, losses, costs, expenses or other liabilities to the extent resulting from any active negligence or willful misconduct of the District and/or the District Agents, in which event the Parties shall be responsible and liable on a comparative basis. In connection with providing design-related services for the Project, the Architect shall not be deemed or construed to be a District Agent for purposes of this Part 9. The Construction Manager’s obligations pursuant to this Section shall survive the expiration or termination of this Agreement and /or the CM Services.

Indemnification by Construction Manager. To the maximum extent permitted by law, the The Construction Manager shall defend, indemnify and hold-harmless the District and its District Board members, officers, employees employees, and agents (collectively, not including the District, the “District Agents”” excluding the District’s Architect) from and against any and all claims (including, without limitation, workers’ compensation claims), demands, actions, damages, losses, costs (including, without limitation, attorneys’ attorney’s fees and expenses), expenses and other liabilities of any nature whatsoever, whatsoever (each a “Liability”), including, but not limited to, damage to property and injury to any person, including death, ) to the extent arising from performance of this CM Agreement by the Construction Manager or the Construction Manager’s actions in connection with the Project. Any defense of the District and/or District Agents shall be conducted by qualified and appropriately experienced legal counsel reasonably acceptable to the District, but selected and retained by the Construction Manager at its sole cost. Notwithstanding anything to the contrary, the Construction Manager shall also pay all costs related to the District’s own legal counsel monitoring and, if necessary, participating in any defense of the District and/or any of the District Agents conducted by the Construction Manager pursuant to this Section. The Construction Manager’s obligations pursuant to this Section shall include the obligation to defend, indemnify and hold-harmless the District and District Agents with respect to any and all Workers’ Compensation claims, demands, actions, liabilities and expenses, arising from or connected with services performed by or on behalf of the Construction Manager. The Construction Manager shall not be liable pursuant to this Section for any claims, demands, actions, damages, losses, costs, expenses or other liabilities to the extent resulting from any active negligence negligent act or omission, or willful misconduct misconduct, of the District and/or the District Agents, in which event the Parties shall be responsible and liable on a comparative basis. In connection with providing design-related services for the Project, the Architect shall not be deemed or construed to be a District Agent for purposes of this Part 9. The Construction Manager’s obligations duty to indemnify the District and the District Agents pursuant to this Section shall survive the expiration or termination of this CM Agreement and /or and/or the CM Services.