Indemnification by the State Clause Samples

Indemnification by the State. 19.2.1 The State shall defend, indemnify and hold harmless the Concessionaire from and against any and all damages, liabilities, losses, costs, expenses, demands, claims, suits, proceedings, orders, judgments, settlements, penalties, fines and other sanctions including, without limitation, legal fees incurred while defending against claims or to enforce the State’s indemnification obligations hereunder, arising out of, relating to or resulting from any of the following: 19.2.1.1 any claims for the payment of compensation to third parties in connection with the acquisition or appropriation of the Site under the Land Ordinance (Acquisition for Public Purposes) ( השיכר תועקרקה תדוקפ )רוביצ יכרצל, or for the payment of compensation under Clause 197 of the Planning and Building Law 1965, which is claimed in respect to the L.O.S.; and 19.2.1.2 any right of a third party created before the Concessionaire was granted the right to Utilize the Site by the State, as determined by a non-appealable determination of a court of competent jurisdiction, which restricts the Concessionaire’s right to Utilize the Site and which would not constitute a grounds for termination of the Agreement pursuant to Section 25.6. 19.2.2 If any Proceeding is commenced against the Concessionaire with respect to which the Concessionaire may claim that it is entitled to indemnification under Section 19.2.1.1 or if any Proceeding is commenced by or against the Concessionaire with respect to which the Concessionaire may claim that it is entitled to indemnification under Section 19.2.1.2, the Concessionaire shall give the CTA notice thereof immediately after the commencement thereof or on becoming aware of such Proceeding. 19.2.3 The CTA shall assume the defense of any Proceeding with respect to which the Concessionaire may claim that it is entitled to indemnification under Section 19.2. 1.1. The Concessionaire may not refuse to settle such Proceedings except on reasonable grounds.

Indemnification by the State. The State will indemnify, defend and hold harmless the LEP Indemnitees from and against any and all Losses, to the extent arising, directly or indirectly, from or in connection with (i) any breach by the State of its obligations, covenants, representations or warranties contained in any Contract Document; (ii) any negligent actions or negligent omissions by the State or a State Person in connection with State’s performance of the Contract Documents; (iii) any Hazardous Materials introduced onto, or Environmental Condition created at, a Covered Facility other than by LEP or a LEP Person, including the Excluded Environmental Conditions; or (iv) any claims arising from or based on the violation by the State or a State Person of Applicable Legal Requirements in connection with the performance of State’s obligations under the Contract Documents. Notwithstanding any provision to the contrary, if there is joint, concurrent or contributing fault, negligence, gross negligence or intentional misconduct by LEP or any LEP Indemnitee, as determined through a final adjudication, including any appeals, then the State’s indemnity obligations hereunder will be limited to the proportionate fault of the State or any State Persons.

Indemnification by the State. The State shall, only to the extent consistent with and permitted by Article VII, Section 1 of the Iowa Constitution and Iowa Code Chapter 669, indemnify the Contractor from and against any claim, as defined in Iowa Code Section 669.2, caused directly by the negligent or wrongful acts or omissions of any employee of the State while acting within the scope of the employee's office or employment in connection with the performance of this Agreement. Contractor agrees that any claim for which indemnification is sought pursuant to this Section__ will be subject to the provisions of Iowa Code Chapter 669 and 543 Iowa Admin. Code 1, including, without limitation, those provisions which address the making and filing of claims. If the State makes any indemnity payments to the Contractor pursuant to this Section __and the contractor thereafter collects or recovers all or a portion of such amounts from any person or third party, including from any insurance carrier, Contractor shall promptly repay such collected or recovered amounts to the State. Annotation: Generally, state agencies should not agree to indemnify contractors or third parties in state contracts. The Iowa constitution and Iowa Code Chapter 669 (the Iowa Tort Claims Act) severely limit the ability of the state and state agencies to indemnify contractors. State agencies should use the indemnification provision set out above only when necessary.

Indemnification by the State. The State will indemnify and hold harmless the BREP Indemnitees from and against any and all Losses, to the extent arising, directly or indirectly, from or in connection with (i) any breach by the State of its obligations, covenants, representations or warranties contained in this Agreement; (ii) any negligent actions or negligent omissions by the State or a State Person in connection with the State’s performance of this Agreement or otherwise in the conduct and operation of the Covered Facilities; (iii) any Hazardous Materials or ACM existing at or introduced onto, or Environmental Condition created at, a Covered OSB Building other than by BREP or a BREP Person; or (iv) any claims arising from or based on the violation by the State or a State Person of Applicable Legal Requirements in connection with the performance of the State’s obligations under this Agreement. Notwithstanding any provision to the contrary, if there is joint, concurrent or contributing fault, negligence, gross negligence or intentional misconduct by BREP or any BREP Indemnitee, as determined through a final adjudication, including any appeals, then the State’s indemnity obligations hereunder will be limited to the proportionate fault of the State or any State Persons.

Indemnification by the State. Subject to Section 13.4, the STATE shall defend, indemnify and hold harmless COMPANY, its Affiliates, and its and their directors, officers, employees and agents (each a “COMPANY Indemnified Party”) against all Losses to the extent that such Losses are sustained or incurred by COMPANY relating to, resulting from, arising out of or otherwise by virtue of: (a) Any misrepresentation or breach of a representation or warranty made herein by any of the Government Parties; (b) Non-compliance with or breach by of the Government Parties of any of the covenants or agreements contained in this Agreement to be performed by THE STATE; (c) Operation of or at the Mine that was: (i) Not conducted by COMPANY; and (ii) Conducted prior to the Project Notice Date; (d) Subject to Section 13.2(f), existing facilities previously used in connection with the Mine, except for Historic Environmental Matters for which, and to the extent that, responsibility has been assumed by COMPANY pursuant to Section 11.2; (e) Subject to Section 13.2(f), Historic Environmental Matters and, if remediation of such Historic Environmental Matter shall have been undertaken by the STATE, such remediated condition, except for Historic Environmental Matters for which, and to the extent that, responsibility has been assumed by COMPANY pursuant to Section 11.2; (f) Notwithstanding any assumption by COMPANY of the Management or remediation of, or any other responsibility for, any Historic Environmental Matter pursuant to this Agreement, the death of or injury to any person, damage to any property or any other Loss or harm arising out of or relating in any way to: (i) the operation of the Mine or any activities at the Mine prior to the Project Notice Date, (other than Operations or activities conducted by or on behalf of COMPANY or its Affiliates) or (ii) any Historic Environmental Matter, including in all cases constitutional claims, claims relating to the relocation of people, the expropriation of property, loss of enjoyment, use or value of property, damage to natural resources, business loss or interruption, pollution or contamination of air, surface or ground water or soils, toxic tort claims (including claims under the Civil Code), and private or public health claims arising from or related to any Historic Environmental Matter (collectively, “Third Party Liability”); and (g) Any claim, demand or proceeding by or on behalf of any consultant to [any of] THE STATE arising out or relating in any way to any...