Indemnities of the Concessionaire. In addition to the Concessionaire’s indemnity obligations as set forth elsewhere in this Agreement, the Concessionaire will indemnify, defend, and hold harmless a State Indemnitee from and against any Losses actually suffered or incurred by such State Indemnitee (except to the extent such Losses are solely caused by the misconduct, negligence or other culpable act, error or omission of a State Indemnitee), due to Third-Party Claims that are based upon:
Indemnities of the Concessionaire. (a) The Concessionaire shall indemnify and hold harmless each State Indemnitee from and against any Losses actually suffered or incurred by such State Indemnitee (except for such Losses to the extent caused by the negligence or willful misconduct of such State Indemnitee), due to Third Party Claims that are based upon, arise out of, relate to, are occasioned by or are attributable to (i) any failure by the Concessionaire to comply with, observe or perform any of the covenants, obligations, agreements, terms or conditions in this Agreement or, any breach by the Concessionaire of its representations or warranties set forth herein, (ii) any actual or alleged misconduct, negligence or other culpable act, error or omission of a Concessionaire Party in connection with the Project, (iii) any actual or alleged patent or copyright infringement or other actual or alleged improper appropriation or use of trade secrets, patents, proprietary information, know-how, trade marked or service marked materials, equipment, devices or processes, copyright rights or inventions by a Concessionaire Party in connection with the Project, (iv) inverse condemnation, trespass, nuisance or similar taking of or harm to real property committed or caused by a Concessionaire Party in connection with the Project, (v) any tax attributable to any Transfer of the Concessionaire’s Interest or any part thereof or (vi) any claim for brokerage commissions, fees or other-compensation by any Person who acted on behalf of the Concessionaire, its Affiliates or their respective Representatives in connection with this Agreement, any Transfer of the Concessionaire’s Interest or any part thereof.
Indemnities of the Concessionaire. The Concessionaire shall indemnify, protect, defend and hold harmless each State Indemnitee from and against any Third Party Claims and Losses due to Third Party Claims, including attorneys’ fees, expert witness fees and court costs, suffered or incurred by such State Indemnitee (except for such Losses to the extent caused by the negligence or willful misconduct of such State Indemnitee), that are based upon, arise out of, relate to, are occasioned by or are attributable to:
Indemnities of the Concessionaire. 124 Section 15.02 Defense and Indemnification Procedures ......................................................125
Indemnities of the Concessionaire. The Concessionaire will indemnify, defend, and hold harmless the DB Contractor from and against any Losses actually suffered or incurred by the DB Contractor (except to the extent such Losses are solely caused by the misconduct, negligence or other culpable act, error or omission of the DB Contractor), due to Third-Party Claims that are based upon any actual or alleged failure by the Concessionaire to comply with, observe or perform any of the covenants, obligations, agreements, terms or conditions in this Agreement.
