Indemnity by Terrex Sample Clauses
Indemnity by Terrex. (a) Terrex will indemnify, defend and hold harmless the Customer Group from and against any loss, damage, liability, expense and costs (including reasonable legal costs), suffered or incurred, in respect of any:
(i) personal injury or sickness including death of Customer Group personnel; or
(ii) damage to any real or personal property of the Customer Group, arising from the performance of the Services, except as is caused by the breach of this Agreement by, or the negligence or wilful misconduct of, any member of the Customer Group.
(b) Terrex will be liable for and will indemnify, defend and hold harmless the Customer Group against any liability, loss, damage, claim or legal action of whatsoever nature arising under any legislation or at common law in respect of:
(i) the failure of Terrex to obtain, maintain, keep up and renew any consent, license, permits or authority necessary for the performance of its obligations under this Agreement (other than those required to be obtained by the Customer under clause 6.2(b)).
(ii) the death, sickness or injury of any Third Party, caused by the breach of this Agreement by, or the negligence of, any member of the Terrex Group in performance of the Services.
(iii) loss, destruction of, injury or damage to, or loss of use of any Third Party property (real and personal) arising out of or caused by any act of any member of the Terrex Group in performance of the Services.
(iv) loss, destruction of, or injury or damage to, or loss or use of any and all property (real and personal) arising out of or caused by the improper repair, maintenance or usage of fences and gates on the Area of Operations by any member of the Terrex Group.
(c) Terrex will be responsible for and agrees to indemnify, defend and hold harmless the Customer against loss, damage or destruction to seismic tapes, the subject of this Agreement. The care and custody in seismic tapes will transfer from Terrex to the Customer once seismic tapes are delivered to the Customer (or its nominated processing house) and receipt has been acknowledged by the Customer in writing.
Indemnity by Terrex. Subject to this clause 10, Terrex shall indemnify, defend and hold harmless:
(a) the Client Group from and against any loss, damage, liability, expense and costs (including reasonable legal costs), suffered or incurred, in respect of any:
(i) personal injury to or sickness including death of Terrex Group personnel or any other Seismic Project Personnel; or
(ii) damage to any real or personal property of any member of the Terrex Group or any other Seismic Project Personnel, arising from the performance of the Services, except as is determined to be caused directly by the breach of this Agreement, statutory breach by, or the negligence or wilful misconduct of, any member of the Client Group;
(b) the Client Group against any liability, loss, damage, claim or legal action of whatsoever nature arising under any Law in respect of:
(i) the failure of Terrex to obtain, maintain, keep up and renew any Authorisations necessary for the performance of its obligations under this Agreement (other than those required to be obtained by the Client under clause 6(f));
(ii) the death, sickness or injury of any Third Party, caused by the breach of this Agreement by, or the negligence or wilful misconduct of, any member of the Terrex Group in performance of the Services; and
(iii) loss, destruction of, injury or damage to, or loss of use of any Third Party property (real and personal) arising out of or caused by any act of any member of the Terrex Group in performance of the Services; and
(c) the Client against loss, damage or destruction to seismic tapes, the subject of this Agreement. The care and custody in seismic tapes will transfer from Terrex to the Client once seismic tapes are recorded as having been delivered to the Client (or its nominated processing house).