Common use of Indemnification by Customer Clause in Contracts

Indemnification by Customer. ‌ Without limiting the provisions of Section 8, Customer shall fully indemnify, save harmless and defend Provider or its assignees and successors from and against any and all costs, claims, and expenses incurred by Provider in connection with or arising from any claim by a third party for physical damage to or physical destruction of property, or death of or bodily injury to any Person, but only to the extent caused by (a) the negligence or willful misconduct of Customer or its agents or employees or others under Customer’s control at the Site or (b) a Customer Default hereunder; provided, however, that nothing in this Section 13.2 is intended to modify the limitation of Customer’s liability set forth in Section 12.3 above; provided further that to the extent Provider recovers such damages, losses and expenses under any insurance policy, Provider shall reimburse any payment made by Customer under this indemnity.

Indemnification by Customer. ‌ Without limiting the provisions of Section 8, Customer shall fully indemnify, save harmless and defend Provider or its assignees and successors from and against any and all costs, claims, and expenses incurred by Provider in connection with or arising from any claim by a third party for physical damage to or physical destruction of property, or death of or bodily injury to any Person, but only to the extent caused by (a) the negligence or willful misconduct of Customer or its agents or employees or others under Customer’s control at the Site or (b) a Customer Default hereunder; provided, however, that nothing in this Section 13.2 is intended to modify the limitation of Customer’s liability set forth in Section 12.3 above; provided further that to the extent Provider recovers such damages, losses and expenses under any insurance policy, Provider shall reimburse any payment made by Customer under this indemnity.

Indemnification by Customer. ‌ Without limiting the provisions of Section 8, Customer shall fully indemnify, save harmless and defend Provider or its assignees and successors from and against any and all costs, claims, and expenses incurred by Provider in connection with or arising from any claim by a third party for physical damage to or physical destruction of property, or death of or bodily injury to any Person, but only to the extent caused by (a) the gross negligence or willful misconduct of Customer or its agents or employees or others under Customer’s control at the Site or (b) a Customer Default hereunderhereunder or a default by Customer under the Lease; provided, however, that nothing in this Section 13.2 is intended to modify the limitation of Customer’s liability set forth in Section 12.3 above; provided further that to the extent Provider recovers such damages, losses and expenses under any insurance policy, Provider shall reimburse any payment made by Customer under this indemnity.