4k Indemnity and Insurance Clause Examples for Any Agreement
The Indemnity and Insurance clause requires one or both parties to protect the other from certain losses, damages, or liabilities that may arise during the course of their relationship. Typically, this involves a party agreeing to compensate the other for claims brought by third parties, and to maintain adequate insurance coverage to cover such risks. This clause ensures that financial responsibility for specific risks is clearly allocated, reducing uncertainty and protecting parties from unexpected costs.
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Indemnity and Insurance. A. Contractor agrees that it will at all times during the existence of this contract indemnify Agency against any and all loss, damages, and costs or expenses which Agency may sustain, incur, or be required to pay by reason of any eligible client’s suffering, personal injury, death or property loss resulting from participating in or receiving the care and services to be furnished by the Contractor under this contract; however, the provisions of this paragraph shall not apply to liabilities, losses, charges, costs, or expenses caused by Agency.
B. In order to protect itself and Agency, its officers, boards, commissions, agencies, employees, and representatives under the indemnity provisions of this contract, Contractor shall obtain, and at all times during the term of this contract keep in full force and effect comprehensive general liability and auto liability insurance policies (as well as professional malpractice or errors and omissions coverage, if the service being provided are professional services). The policy or policies shall be issued by a company or companies authorized to do business in the State of Wisconsin and licensed by the Wisconsin Office of the Commissioner of Insurance, with liability coverage provided for therein in the following amounts: comprehensive general liability of at least $1,000,000.00 CSL (Combined Single Limits) and auto liability of at least $500,000 CSL. Coverage afforded shall apply as primary. If Contractor receives any claim or legal process based on an act, error or omission related to services rendered under the terms of this Contract or has reason to believe a demand for damages may be made, Contractor shall immediately notify Agency.
C. Agency shall be given ten (10) days advance notice of cancellation or non- renewal. Upon execution of this contract, Contractor shall furnish Agency with a certificate of insurance listing Agency as an additional insured and, upon request, certified copies of the required insurance policies.
D. If Contractor’s insurance is underwritten on a Claims-Made basis, the retroactive date shall be prior to or coincide with the date of this contract, the Certificate of Insurance shall state that coverage in Claims-Made and indicate the retroactive date, Contractor shall maintain coverage for the duration of this Contract and for two years following the completion of this contract.
1. Contractor shall furnish Agency, annually on the policy renewal date, a Certificate of Insurance as evidence o...
Indemnity and Insurance. 24.1 The Contractor shall indemnify the Authority against all claims, damages and any other liabilities which may arise as a result, directly of the performance or purported performance of this Contract, the aggregate liability not to exceed [£5.000.000], except to the extent that any injury, loss or damage is caused by the negligence, wilful misconduct or breach of the Contract by Authority Personnel
24.2 The Contractor shall effect and maintain with a reputable insurance company a policy or policies of insurance for the duration of the Contract Period, [and, in relation to Professional Indemnity insurance, for a minimum of six (6) years following the termination of the Contract,] including but not limited to [Professional Indemnity,] Public Liability and Employer’s Liability insurance, in such sums as will enable the Contractor to comply with its obligations under the Contract, including the indemnity in the previous paragraph and as may be described in the Specification Schedule. The Contractor shall provide written evidence of such insurance as and when required by the Authority.
Indemnity and Insurance. 34.1 Neither Party excludes or limits liability to the other Party for:
34.1.1 death or personal injury caused by its negligence; or
34.1.2 Fraud; or
34.1.3 fraudulent misrepresentation; or
34.1.4 any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 or section 12 of the Sale of Goods Act 1979.
34.2 Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor.
34.3 The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract.
34.4 Subject always to clause 34.1,the aggregate liability of either Party for Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000].
34.5 Subject always to clause 34.1 in no event shall either Party be liable to the other for:
34.5.1 loss of profits, business, revenue, goodwill; and/or
34.5.2 loss of savings (whether anticipated or otherwise); and/or
Indemnity and Insurance. For other than professional services rendered, to the fullest extent permitted by law, Consultant agrees to defend, indemnify, and hold the City harmless against claims, demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the City by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Consultant or Consultant’s agents or employees.
Indemnity and Insurance. 15.1 Without prejudice to any rights or remedies of the Purchaser the Supplier shall indemnify the Purchaser and the Crown against all actions, suits, claims, demands, losses, charges, costs and expenses which the Purchaser or the Crown may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any negligent or wrongful act or omission of the Supplier.
15.2 The Purchaser shall indemnify the Supplier in respect of all claims, proceedings, actions, damages, fines, costs, expenses or other liabilities which may arise out of, or in consequence of, a breach of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier-
(a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract;
(b) fails to comply with any other obligation under the Contract.
15.3 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown.
15.4 The Supplier shall have in force and shall require any sub-Contractor to have in force:
(a) employer’s liability insurance in accordance with any legal requirements for the time being in force, and
(b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing.
15.5 The policy or policies of insurance referred to in Condition 15.4 shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence of payment of premiums, including the latest premium due thereun...
Indemnity and Insurance. 16.1 The Corporation covenants, both during and after the Executive's term of service, to indemnify and hold harmless the Executive and his legal representatives, to the maximum extent permitted by Delaware law (provided that the Executive acted honestly and in good faith with a view to the best interests of the Corporation and, in the case of a criminal or administrative action or proceeding that is enforced by monetary penalty, the Executive had reasonable grounds for believing that his conduct was lawful), from and against:
(a) all costs, charges, liabilities and expenses whatsoever that the Executive may sustain or incur in or about or in relation to any action, suit or proceeding that is brought, commenced or prosecuted against the Executive for or in respect of any act, deed, matter or thing whatever made, done or permitted or not made, done or permitted by the Executive in or about the execution of his duties as a director or officer of the Corporation or its subsidiaries; and
(b) all other costs, charges, liabilities and expenses that the Executive may sustain or incur (including, without limitation, all income tax, sales tax and excise tax liabilities resulting from any payment made pursuant to this indemnity) in or about or in relation to the affairs of the Corporation or its subsidiaries or his position as a director or officer of the Corporation or its subsidiaries.
16.2 The Corporation further agrees that any costs, charges and expenses referred to in paragraph 16.1(a) above shall be paid in advance of the final disposition of any such action or proceeding upon receipt by the Corporation of a written undertaking by the Executive to repay such amount if it shall ultimately be determined that the Executive is not entitled to be indemnified in accordance with the terms and conditions of this Indemnity and Delaware law.
16.3 The Corporation further agrees, both during and after the Executive's term of service, to use its reasonable best efforts to obtain any approval or approvals necessary for such indemnification and to co-operate with the Executive and to provide the Executive with access to any evidence which the Corporation may have or control, which would enable the Executive to make application or obtain any approval or approvals necessary for such indemnification.
Indemnity and Insurance. Tenant shall indemnify Landlord for, defend Landlord against, and save Landlord harmless from any liability, loss, cost, injury, damage, or other expense that may occur or be claimed by or with respect to any person or property on or about the Premises resulting form the use, misuse, occupancy, possession, or unoccupancy of the Premises by Tenant, its agents, employees, licensees, invitees or guests. Except where any loss, cost, injury or damage is the result of Landlord's sole fault or negligence, Landlord shall not have any liability for any loss, cost, injury or damage to the Premises, to Tenant or Tenant's employees, agents, licensees, invitees or guests or to any property of such persons. Except as set forth in the Section 8, Landlord shall not be responsible or liable for loss or damage to the contents of any improvements on the Premises, regardless of who owns the contents and regardless of how or by whom the loss or damage is caused. At its sole cost and expense, Tenant shall obtain and thereafter maintain in full force and effect, at all times during the lease term and any extension thereof, the following insurance with respect to the Premises:
(a) comprehensive public liability insurance having limits of not less than $500,000 for bodily injury or death to one person, $500,00 for bodily injuries or death arising out of one occurrence, and $200,000 for property damage;
(b) fire and extended coverage insurance in an amount equal to at least 85 percent of the current replacement value of the Premises, which replacement value shall be redetermined by Landlord at the beginning of each year of the lease term and any extension thereof. Landlord shall, upon each such redetermination, give written notice to Tenant of such redetermined replacement value. If Tenant fails to object to such redetermined replacement value within 21 days after its receipt of written notice thereof, such value shall be deemed acceptable to Tenant. If Tenant does object to such redetermined replacement value, the replacement value of the Premises shall then be determined by an appraisal by a firm or person selected by Landlord and approved by Tenant. Such firm or person's determination of the replacement value of the Premises shall be conclusive and binding upon Landlord and Tenant. The cost of any such appraisal shall be borne equally by Landlord and Tenant. If the replacement value of the Premises determined by such an appraisal is higher than the then existing limits of fire a...
Indemnity and Insurance. 10.1 The Contractor shall indemnify the Authority, the Crown, its employees, agents and contractors, on demand from and against all liability for:
(a) death or personal injury;
(b) loss of or damage to property (including property belonging to the Crown or the Authority, or for which it is responsible “Authority Property”);
(c) breach of statutory duty; and
(d) actions, claims, demands, costs, charges and expenses (including legal expenses on an indemnity basis)
10.2 The indemnity contained in Condition 10.1 shall not apply to the extent that:
(a) any loss, damage injury, cost and expense is caused by the negligent or wilful act or omission of the Authority, its employees, agents or contractors, or by the breach by the Authority of their obligations under the Agreement; or
(b) the Contractor is able to demonstrate that the loss, damage or injury arose as a direct result of the Contractor acting on the instructions of the Authority.
10.3 The Contractor shall, with effect from the Date for Commencement for such period as necessary to enable the Contractor to comply with his obligations under Condition 10.1, take out and maintain (and shall require any sub contractor to take out and maintain) insurance with a reputable insurance company, including (but not limited) to employer‟s liability, public liability and professional indemnity insurance, to the sum of not less than £5,000,000 for any one incident and unlimited in total.
10.4 The policy or policies of insurance referred to in paragraph 10.3 shall be shown to the Authority‟s Representative whenever he requests, together with satisfactory evidence of payment of premiums.
10.5 No party to the Agreement shall take any action or fail to take any reasonable action, or (to the extent that it is reasonably within its power) permit anything to occur in relation to it, which would entitle any insurer to refuse to pay any claim under any insurance policy in which that party is an insured, a co-insured or additional insured person.
10.6 The Authority may, at its sole discretion, waive the requirement for insurance, in whole or part (other than that required by law), where the Contractor is able to provide a suitable guarantee that the Contractor can meet any liabilities for which indemnities are provided under Condition 10.1.
Indemnity and Insurance. Indemnification: The Contractor agrees to indemnify and hold harmless the County and any of their officers, agents and employees, from any claims of third parties arising out or any act or omission of the Contractor in connection with the performance of this contract.
Indemnity and Insurance. The Contract Holder shall indemnify and hold harmless each of the City and its elected officials, officers, employees, and agents from and against any and all claims, actions, demands, damages, losses, liabilities, and expenses arising out of or as a result of: (a) any breach, violation or non-performance of the terms and conditions on the part of the Permit Holder set out in this Permit; (b) any damage to City property occasioned by the use of the Facility by the Contract Holder or its employees, volunteers, members, coaches, participants, guests, and invitees; (c) any injury to, illness of or death of any person or any damage to property or other losses arising from or resulting from the use of the Facility by the Contract Holder or its employees, volunteers, members, coaches, participants, guests, and invitees; (d) any act or omission (including theft, malfeasance or negligence) on the part of the Contract Holder or its employees, volunteers, members, coaches, participants, guests, and invitees; or (e) any breach of any intellectual property rights arising from or resulting from the use of the Facility.