Common use of Indemnification for Certain Claims Clause in Contracts

Indemnification for Certain Claims. For any claim not within the scope of Section 6.2 above, Adventure Fit expressly agrees to indemnify and hold harmless Oskar Blues, Oskar Blues’ employees, the Town, and any of the Town’s board members, commissioners, officials, officers, agents, contractors, attorneys, or employees from any and all damages, liability, expenses, or court awards, including costs and attorney's fees that are or may be awarded as a result of any loss, injury or damage sustained or claimed to have been sustained by any third party, including but not limited to, any person, firm, partnership, or corporation, in connection with or arising out of any intentional, reckless, negligent or tortious conduct, error, omission, or act of commission by Adventure Fit or any of its employees, agents, or others acting on Adventure Fit's behalf in performance of the Services. Nothing in this Agreement shall be construed as constituting a covenant, promise, or agreement by Adventure Fit to indemnify or hold the Town, its elected officials, board members, commissioners, officials, officers, agents, contractors, attorneys, or employees harmless for any negligence solely attributable to the Town, its elected officials, boards, commissions, officials, officers, agents, contractors, attorneys, or employees. Nothing in this Agreement shall be construed as constituting a covenant, promise, or agreement by Adventure Fit to indemnify or hold Oskar Blues or its employees harmless for any negligence solely attributable to Oskar Blues or its employees. Adventure Fit’s obligation to indemnify pursuant to this Section shall survive the completion of the Services and shall survive the termination of this Agreement.

Appears in 3 contracts

Samples: Lyons Professional Services Agreement, Lyons Professional Services Agreement, Professional Services Agreement

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Indemnification for Certain Claims. For any claim not within the scope of Section 6.2 9.2 above, Adventure Fit Oskar Blues expressly agrees to indemnify and hold harmless Oskar Blues, Oskar Blues’ employees, the Town, and any of the Town’s its council members, board members, commissioners, officials, officers, agents, contractors, attorneys, or employees from any and all damages, liability, expenses, or court awards, including costs and attorney's fees that are or may be awarded as a result of any loss, injury or damage sustained or claimed to have been sustained by any third party, including but not limited to, any person, firm, partnership, or corporation, in connection with or arising out of any intentional, reckless, negligent or tortious conduct, error, omission, or act of commission by Adventure Fit Oskar Blues or any of its employees, agents, or others acting on Adventure Fit's Oskar Blues’ behalf in performance of the Services. Nothing in this Agreement shall be construed as constituting a covenant, promise, or agreement by Adventure Fit Oskar Blues to indemnify or hold the Town, its elected officials, board members, commissioners, officials, officers, agents, contractors, attorneys, or employees harmless for any negligence solely attributable to the Town, its elected officials, boards, commissions, officials, officers, agents, contractors, attorneys, or employees. Nothing in this Agreement shall be construed as constituting a covenant, promise, or agreement by Adventure Fit to indemnify or hold Oskar Blues or its employees harmless for any negligence solely attributable to Oskar Blues or its employees. Adventure Fit’s Blues’ obligation to indemnify pursuant to this Section shall survive the completion of the Services obligations under this Agreement and shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Professional Services Agreement

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