Common use of Indemnification; Insurance Clause in Contracts

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to Mesa to the extent provided under the Mesa Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the Vendor’s obligation to provide the indemnification and insurance. In any event, the Vendor shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 4 contracts

Samples: Cooperative Purchasing Agreement, Cooperative Purchasing Agreement, Cooperative Purchasing Agreement

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Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 9 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to Mesa Tempe to the extent provided under the Mesa Tempe Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the Vendor’s obligation to provide the indemnification and insurance. In any event, the Vendor shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 3 contracts

Samples: Cooperative Purchasing Agreement, Cooperative Purchasing Agreement, Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 13 above, the City Town shall be afforded all of the insurance coverage and indemnifications afforded to Mesa the State to the extent provided under the Mesa State Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City Town under this Agreement including, but not limited to, the Vendor’s obligation to provide the indemnification and insurance. In any event, the Vendor shall indemnify, defend and hold harmless the City Town and each council member, officer, employee or agent thereof (the City Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 2 contracts

Samples: Cooperative Purchasing Agreement, Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 13 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to Mesa Phoenix to the extent provided under the Mesa Phoenix Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the VendorContractor’s obligation to provide the indemnification and insurance. In any event, the Vendor Contractor shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the VendorContractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 2 contracts

Samples: Cooperative Purchasing Agreement, Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 13 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to Mesa to the extent provided under the Mesa Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the VendorContractor’s obligation to provide the indemnification and insurance. In any event, the Vendor Contractor shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the VendorContractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 2 contracts

Samples: Cooperative Purchasing Agreement, Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to Mesa the County to the extent provided under the Mesa County Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the Vendor’s obligation to provide the indemnification and insurance. In any event, the Vendor shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 2 contracts

Samples: Cooperative Purchasing Agreement, Master Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 11 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to Mesa to the extent provided under the Mesa Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the VendorContractor’s obligation to provide the indemnification and insurance. In any event, the Vendor Contractor shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the VendorContractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 2 contracts

Samples: Cooperative Purchasing Agreement, Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 13 above, the City Town shall be afforded all of the insurance coverage and indemnifications afforded to Mesa to the extent provided under the Mesa Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City Town under this Agreement including, but not limited to, the Vendor’s obligation to provide the indemnification and insurance. In any event, the Vendor shall indemnify, defend and hold harmless the City Town and each council member, officer, employee or agent thereof (the City Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 2 contracts

Samples: Cooperative Purchasing Agreement, Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 11 above, the City Town shall be afforded all of the insurance coverage and indemnifications afforded to Mesa the State to the extent provided under the Mesa State Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City Town under this Agreement including, but not limited to, the VendorContractor’s obligation to provide the indemnification and insurance. In any event, the Vendor Contractor shall indemnify, defend and hold harmless the City Town and each council member, officer, employee or agent thereof (the City Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the VendorContractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 2 contracts

Samples: Cooperative Purchasing Agreement, Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to Mesa Glendale to the extent provided under the Mesa Glendale Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the Vendor’s obligation to provide the indemnification and insurance. In any event, the Vendor shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 2 contracts

Samples: Cooperative Purchasing Agreement, Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to Mesa PPA to the extent provided under the Mesa PPA Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the Vendor’s obligation to provide the indemnification and insurance. In any event, the Vendor shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 12 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to Mesa Tempe to the extent provided under the Mesa Tempe Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the VendorContractor’s obligation to provide the indemnification and insurance. In any event, the Vendor Contractor shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the VendorContractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 13 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to Mesa the County to the extent provided under the Mesa County Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the VendorContractor’s obligation to provide the indemnification and insurance. In any event, the Vendor Contractor shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the VendorContractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to Mesa the State to the extent provided under the Mesa State Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the Vendor’s obligation to provide the indemnification and insurance. In any event, the Vendor shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 12 above, the City Town shall be afforded all of the insurance coverage and indemnifications afforded to Mesa Chandler to the extent provided under the Mesa Chandler Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City Town under this Agreement including, but not limited to, the VendorContractor’s obligation to provide the indemnification and insurance. In any event, the Vendor Contractor shall indemnify, defend and hold harmless the City Town and each council member, officer, employee or agent thereof (the City Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the VendorContractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 13 above, the City Town shall be afforded all of the insurance coverage and indemnifications afforded to Mesa Sourcewell to the extent provided under the Mesa Sourcewell Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City Town under this Agreement including, but not limited to, the Vendor’s obligation to provide the indemnification and insurance. In any event, the Vendor shall indemnify, defend and hold harmless the City Town and each council member, officer, employee or agent thereof (the City Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 12 above, the City Town shall be afforded all of the insurance coverage and indemnifications afforded to Mesa the State to the extent provided under the Mesa State Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City Town under this Agreement including, but not limited to, the VendorContractor’s obligation to provide the indemnification and insurance. In any event, the Vendor Contractor shall indemnify, defend and hold harmless the City Town and each council member, officer, employee or agent thereof (the City Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the VendorContractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 13 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to Mesa Tempe to the extent provided under the Mesa Tempe Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the VendorConsultant’s obligation to provide the indemnification and insurance. In any event, the Vendor Consultant shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the VendorConsultant, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 13 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to Mesa GSA to the extent provided under the Mesa GSA Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the VendorContractor’s obligation to provide the indemnification and insurance. In any event, the Vendor Contractor shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the VendorContractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 12 above, the City Town shall be afforded all of the insurance coverage and indemnifications afforded to Mesa Mohave to the extent provided under the Mesa Mohave Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City Town under this Agreement including, but not limited to, the VendorContractor’s obligation to provide the indemnification and insurance. In any event, the Vendor Contractor shall indemnify, defend and hold harmless the City Town and each council member, officer, employee or agent thereof (the City Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the VendorContractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 13 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to Mesa PPA to the extent provided under the Mesa PPA Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the VendorContractor’s obligation to provide the indemnification and insurance. In any event, the Vendor Contractor shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the VendorContractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 13 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to Mesa HCPS to the extent provided under the Mesa HCPS Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the VendorSupplier’s obligation to provide the indemnification and insurance. In any event, the Vendor Supplier shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the VendorSupplier, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

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Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 13 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to Mesa Tucson to the extent provided under the Mesa Tucson Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the VendorContractor’s obligation to provide the indemnification and insurance. In any event, the Vendor Contractor shall indemnify, defend indemnify and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as ) to the extent that such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, recklessness or intentional misconduct, errors, mistakes or omissions, in connection with the work or services misconduct of the VendorContractor, its officers, employees, agents, or any tier of subcontractor in connection with Contractor’s work or services in the performance of this Agreement.

Appears in 1 contract

Samples: Energy Services Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 13 above, the City Town shall be afforded all of the insurance coverage and indemnifications afforded to Mesa Chandler to the extent provided under the Mesa Chandler Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City Town under this Agreement including, but not limited to, the VendorContractor’s obligation to provide the indemnification and insurance. In any event, the Vendor Contractor shall indemnify, defend and hold harmless the City Town and each council member, officer, employee or agent thereof (the City Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the VendorContractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 12 above, the City Town shall be afforded all of the insurance coverage and indemnifications afforded to Mesa Goodyear to the extent provided under the Mesa Goodyear Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City Town under this Agreement including, but not limited to, the VendorContractor’s obligation to provide the indemnification and insurance. In any event, the Vendor Contractor shall indemnify, defend and hold harmless the City Town and each council member, officer, employee or agent thereof (the City Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the VendorContractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 12 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to Mesa the County to the extent provided under the Mesa County Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the VendorContractor’s obligation to provide the indemnification and insurance. In any event, the Vendor Contractor shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the VendorContractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 13 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to Mesa Peoria to the extent provided under the Mesa Peoria Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the VendorContractor’s obligation to provide the indemnification and insurance. In any event, the Vendor Contractor shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the VendorContractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to Mesa Peoria to the extent provided under the Mesa Peoria Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the Vendor’s obligation to provide the indemnification and insurance. In any event, the Vendor shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 14 above, the City Town shall be afforded all of the insurance coverage and indemnifications afforded to Mesa to the extent provided under the Mesa Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City Town under this Agreement including, but not limited to, the VendorContractor’s obligation to provide the indemnification and insurance. In any event, the Vendor Contractor shall indemnify, defend indemnify and hold harmless the City Town and each council member, officer, employee or agent thereof (the City Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as ) to the extent that such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, recklessness or intentional misconduct, errors, mistakes or omissions, in connection with the work or services misconduct of the VendorContractor, its officers, employees, agents, or any tier of subcontractor in connection with Contractor’s work or services in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 9 above, the City Town shall be afforded all of the insurance coverage and indemnifications afforded to Mesa the State to the extent provided under the Mesa State Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City Town under this Agreement including, but not limited to, the Vendor’s obligation to provide the indemnification and insurance. In any event, the Vendor shall indemnify, defend and hold harmless the City Town and each council member, officer, employee or agent thereof (the City Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 12 above, the City Town shall be afforded all of the insurance coverage and indemnifications afforded to Mesa Peoria to the extent provided under the Mesa Peoria Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City Town under this Agreement including, but not limited to, the VendorContractor’s obligation to provide the indemnification and insurance. In any event, the Vendor Contractor shall indemnify, defend and hold harmless the City Town and each council member, officer, employee or agent thereof (the City Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the VendorContractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 11 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to the Mesa to the extent provided under the Mesa Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the VendorContractor’s obligation to provide the indemnification and insurance. In any event, the Vendor Contractor shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the VendorContractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 11 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to Mesa Yuma to the extent provided under the Mesa Yuma Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the VendorContractor’s obligation to provide the indemnification and insurance. In any event, the Vendor Contractor shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the VendorContractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 13 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to Mesa Goodyear to the extent provided under the Mesa Goodyear Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the VendorContractor’s obligation to provide the indemnification and insurance. In any event, the Vendor Contractor shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the VendorContractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 11 above, the City shall be afforded all of the insurance coverage and indemnifications afforded to Mesa the State to the extent provided under the Mesa State Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City under this Agreement including, but not limited to, the VendorContractor’s obligation to provide the indemnification and insurance. In any event, the Vendor Contractor shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the VendorContractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 10 above, the City Town shall be afforded all of the insurance coverage and indemnifications afforded to Mesa Peoria to the extent provided under the Mesa Peoria Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the City Town under this Agreement including, but not limited to, the Vendor’s obligation to provide the indemnification and insurance. In any event, the Vendor shall indemnify, defend and hold harmless the City Town and each council member, officer, employee or agent thereof (the City Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

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