Indemnification by Contractor. (a) Contractor shall defend, indemnify and hold harmless District, its officers, directors, employees, agents, volunteers, and Affiliates and District’s Board of Education from any and all damages, costs and expenses, including attorneys’ fees, arising out of any third party claims for damages for bodily injury (including death) or for damage to real property or tangible personal property resulting from, arising out of or otherwise related to Contractor’s performance of this Agreement.
Indemnification by Contractor. To the fullest extent permitted by law, the CONTRACTOR agrees to indemnify, defend and hold the COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney’s fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any action or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR’s subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this Contract; or 3) are based upon the CONTRACTOR’S or its subcontractors’ use of, presence upon or proximity to the property of the COUNTY. This indemnification obligation of the CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of the COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Action RCW Title 51, or by application of any other workmen’s compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into the Contract, are reflected in the CONTRACTOR’s compensation, and have been mutually negotiated by the parties.
Indemnification by Contractor. The Contractor shall indemnify, defend, and hold harmless the LDSS, its officers, agents, and employees and the Enrollees and their eligible dependents from:
Indemnification by Contractor. The Contractor shall be responsible for infringing upon the rights of authors, organisations, institutions, copyright holders, or others, as a result of plagiarism, libel, slander, or any other misuse of any material only when undertaking independent work for the Client and not when acting under the Client’s direct instruction. The Contractor shall indemnify the Client for any and all claims, damages, costs, and expenses, including legal fees, incurred by the Client as a result of said infringements. If the infringement occurs as a result of the Client’s direct instruction then the Contractor will not be held liable.
Indemnification by Contractor. 12.1.1 Contractor agrees to defend, indemnify and hold harmless the Owner, its Affiliates, and all of their directors, officers, employees, agents and representatives ("Owner Indemnified Parties"), from and against any and all Losses arising:
Indemnification by Contractor. Contractor hereby assumes liability for and agrees to indemnify, release, defend, protect, save and hold United and its officers, directors, agents and employees harmless from and against any and all liabilities, damages, expenses, losses, claims, demands, suits, fines or judgments, including but not limited to, attorneys’ and witnesses’ fees, costs and expenses incident thereto, which may be suffered by, accrue against, be charged to or be recovered from United or its officers, directors, employees or agents, by reason of any injuries to or deaths of persons, except for injury or death of United employees, or the loss of, damage to or destruction of property, including the loss of use thereof, arising out of, in connection with or in any way related to any act, error, omission, operation, performance or failure of performance of Contractor or its officers, directors, employees and agents, regardless of any negligence either active, passive or otherwise on the part of United or its officers, directors, employees or agents (but excluding the reckless or willful misconduct, or gross negligence, of United or its officers, directors, employees or agents), which is in any way related to the services of Contractor contemplated by or provided pursuant to this Agreement, or otherwise. United will give Contractor prompt and timely notice of any claim made or suit instituted against United which in any way results in indemnification hereunder, and Contractor will have the right to compromise or participate in the defense of same to the extent of its own interest.
Indemnification by Contractor. Contractor will indemnify, defend and hold harmless Puget Sound and its trustees, officers, employees, agents, successors and assigns (“Indemnified Parties”) from and against any and all losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) (“Losses”) arising from or relating to any claim, demand, action or proceeding (each a “Claim”) brought by any third party (including any governmental body) based upon: (a) any breach of Contractor’s representations, warranties, obligations or covenants set forth in this Agreement; (b) any negligent act or omission, intentional misconduct or strict liability of Contractor; (c) injuries (including death) to persons or damage to property, including theft, resulting in whole or in part from the acts or omissions of Contractor or those persons furnished by Contractor, including its Subcontractor; (d) any failure of Contractor or any Services to comply with applicable laws, rules and regulations; or (f) any action instituted by Contractor personnel against Puget Sound for wages, fringe benefits, other compensation, or similar claims under applicable law, and any claims challenging Contractor’s right to dismiss its personnel.
Indemnification by Contractor. In the event the presence of the materials as set forth in this Section are caused by CONTRACTOR, Subcontractors, suppliers, or anyone else who would otherwise be a "claimant" under Civil Code § 9100, CONTRACTOR shall pay for all costs of testing and remediation, if any, and shall indemnify and hold DISTRICT harmless from and against such costs even if CONTRACTOR itself is without fault. In addition, CONTRACTOR shall defend, indemnify and hold harmless DISTRICT, ARCHITECT, and their consultants, and its and/or their respective agents, officers, representatives, consultants, and employees from and against any and all claims, actions, damages, losses, costs, penalties and expenses incurred in connection with, arising out of, or relating to, the presence of such materials even if CONTRACTOR itself is without fault. The DISTRICT shall have the right to assess any and all costs or damages against the Contract funds, the CONTRACTOR, and/or the performance bond.
Indemnification by Contractor. Contractor shall protect, defend, indemnify and hold harmless Tulane, and each of its agents, officers, administrators, directors and employees (individually an “Indemnified Party” and collectively, the “Indemnified Parties”), from and against any and all claims, demands, actions, damages, liabilities, costs and expenses, including without limitation attorneys’ fees (collectively, “Losses”), incurred by each and any Indemnified Party (i) based upon any allegation or contention that Contractor or any one of its agents, officers, directors, employees, representatives, servants, subcontractors or vendors is an employee, servant or agent of Tulane, including without limitation, claims for the payment of federal, state or local taxes or worker’s compensation benefits or of contributions imposed or required under any unemployment insurance, social security and/or income tax laws or for benefits to which the employees of Tulane may be entitled, (ii) for damages, including, without limitation, bodily injury, personal injury, death, property damage, punitive damage, or other claims brought by any person, specifically including employees of Contractor or any subcontractor, arising out of or in connection with the performance of the Services, the furnishing of any materials, or by reason of Contractor and its employees, subcontractors, agents or representatives being present on Tulane’s premises, whether or not caused by the concurrent fault of Tulane, or (iii) arising out of or resulting from Contractor’s default, breach or non- performance pursuant to this Agreement. In the event of a claim for indemnification pursuant to this Agreement, defense counsel shall be selected jointly by Contractor and the Indemnified Party. Contractor shall have the right to control the defense and settle any claim, subject to the consent of the Indemnified Party. It is in the intent of this Agreement that Contractor will protect, defend, indemnify and hold harmless the Indemnified Parties to the maximum extent permissible by law. Contractor’s indemnity obligations shall not be limited by the insurance provisions of this Agreement, as the parties intend and agree that Contractor shall be fully responsible for liabilities assumed, regardless of the presence or absence of insurance. This paragraph shall survive any completion, expiration or termination of this Agreement.
Indemnification by Contractor. 12.01 The Contractor shall use due care in the performance of the obligations under this Agreement to ensure that no person is injured, no property is damaged or lost and no rights are infringed.
