Common use of Indemnification by Developer Clause in Contracts

Indemnification by Developer. Developer hereby agrees to indemnify, defend and hold harmless the County and its respective officers, employees, elected or appointed officials, and their respective successors and assigns (“County Indemnitees”) from any and all loss or damage, claims, demands, liability, fines, penalties, liens, actions, causes of action, and suits (“Damages”) against the County asserted by a third- party by reason of bodily injuries, death, or material damage to tangible property including, without limitation, claims for attorneys’ fees, professional fees, court costs, expenses, and disbursements to the extent directly or indirectly arising out of the (i) negligence, willful or intentional conduct of Developer or any of its employees, agents, contractors or subcontractors in the construction and operation of the Project; and (ii) Developer’s failure to comply with any applicable law, rule, regulation or permit; and (iii) Developer’s breach of any of its obligations under this Agreement; and (iv) Developer’s Collector Lines, Project, Project Facilities, Towers, Transmission Lines, or Wind Turbines, construction or work relating to the Project Facilities or Project development plan, installation or maintenance of Collector Lines and Transmission Lines, and/or Developer’s performance of work during construction of the Project. This indemnity shall not apply to any Damages to the extent caused by the County’s breach of this Agreement, the County’s failure to comply with any applicable law, rule, regulation, or permit; or the negligence, willful or intentional misconduct of the County Indemnitees.

Indemnification by Developer. Developer hereby agrees to indemnify, defend and hold harmless the County and its respective officers, employees, elected or appointed officials, and their respective successors and assigns (“County Indemnitees”) from any and all loss or damage, claims, demands, liability, fines, penalties, liens, actions, causes of action, and suits (“Damages”) against the County asserted by a third- party by reason of bodily injuries, death, or material damage to tangible property including, without limitation, claims for attorneys’ fees, professional fees, court costs, expenses, and disbursements to the extent directly or indirectly arising out of the (i) negligence, willful or intentional conduct of Developer or any of its employees, agents, contractors or subcontractors in the construction and operation of the Project; and (ii) Developer’s failure to comply with any applicable law, rule, regulation or permit; and (iii) Developer’s breach of any of its obligations under this Agreement; and (iv) Developer’s Collector Lines, Project, Project Facilities, Towers, Transmission Lines, or Wind Turbines, construction or work relating to the Project Facilities or Project development plan, installation or maintenance of Collector Lines and Transmission Lines, and/or Developer’s performance of work during construction of the Project. .This indemnity shall not apply to any Damages to the extent caused by the County’s breach of this Agreement, the County’s failure to comply with any applicable law, rule, regulation, or permit; or the negligence, willful or intentional misconduct of the County Indemnitees.