Indemnity Insurance and Waiver of Subrogation Sample Clauses

Indemnity Insurance and Waiver of Subrogation. (a) Subject to the waivers in paragraph 9(d), Tenant herby indemnifies and agrees to defend and hold harmless Landlord, its Mayor, Council, agents, employees, contractors and assigns from and against any and all claims and liability for, and any and all loss, cost, damage or expense, including reasonable attorneys’ fees, of any nature whatsoever, arising by reason of: (i) injury or death to persons or damage to, any property (real or personal) in, on or about the Premises, or alleged to have been occasioned wholly or in part by any act or omission of Tenant, Tenant’s members, officers, agents, contractors, invitees or employees; (ii) the use or occupancy of the Premises by Tenant; (iii) the materials or things maintained or kept by Tenant, its members, officers, agents, contractors or employees in or on the premises or; (iv) any activities by Tenant, its members, employees, agents, independent contractors or invitees that are inconsistent with the permitted use(s) of the Premises.
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Indemnity Insurance and Waiver of Subrogation. ● Landlord shall not be liable for any damage or injury to Tenant or to any other person, or to any property, occurring on the leased premises or any part thereof, and Tenant agrees to hold Landlord harmless from any claim for damages, no matter how caused. This obligation to indemnify shall include reasonable attorney's feels and investigation costs and all other reasonable costs, expenses and liabilities from the first notice that any claim or demand is to be made or may be made. ● The Landlord and Tenant hereby waive all rights each may have against the other on account of any loss or damage occasioned to the Landlord or the Tenant, as the case may be, their respective property, the premises, or its contents arising from any risk generally covered by fire and extended coverage insurance; and the parties each, on behalf of their respective insurance companies insuring the property of either the Landlord or the Tenant against any such loss, waive any right of subrogation that it may have against the Landlord or the Tenant as the case may be. The foregoing waivers of subrogation shall be operative only as long as available in the State of Colorado and the same does not invalidate any such policy. ● Tenant further covenants and agrees that it will carry and maintain, at its sole cost and expense, plate glass and public liability insurance including bodily injury, public liability and property damage insuring Landlord and Tenant with minimum coverage as follows: All policies of insurance provided for herein shall be insured in the names of Landlord and Tenant, which policy shall be for the mutual and joint benefit and protection of Landlord and Tenant. Any policy proceeds shall be used for the repair and replacement of the property damaged or destroyed unless this Lease shall cease and terminate under the provisions of Article XVI. Executed copies of such policies of insurance or certificates thereof shall be delivered to the Landlord, within thirty (30) days after delivery of possession of the premises to Tenant and thereafter within thirty (30) days prior to the expiration of the term of each such policy. All public liability and property damage policies shall contain a provision that the Landlord, although named as an insured, shall nevertheless be entitled to recovery under said policies for any loss occasioned to it, its servants, agents and employees, by reason of the negligence of the Tenant. All policies of insurance delivered to the Landlord must co...
Sample 1
Indemnity Insurance and Waiver of Subrogation. 9.1. - Indemnity-Subcontractor’s Performance. To the fullest extent permitted by law, Subcontractor will defend, indemnify and hold harmless Contractor, the Contractor’s other subcontractors, Contractor’s Customer and its agents, consultants and employees (the indemnities) from and against all claims, damages, loss and expenses, including but not limited to attorney fees, costs and expenses arising out of or resulting from the performance of Subcontractor’s Work, provided that:
Sample 1
Indemnity Insurance and Waiver of Subrogation. Subcontractor shall procure and maintain in force the insurance coverages as required in Attachment E with insurance carriers acceptable to Tarlton. To the fullest extent permitted by law, Subcontractor agrees to defend, indemnify and hold harmless Tarlton, its Directors, Officers, Employees, partners, affiliates, subsidiaries, successors, assigns, sureties, insurers, agents and representatives from and against any and all loss, claims, suits, causes of action, liability, damages, costs, expenses (including, but not limited to attorneys fees) of any kind or nature whatsoever as a result of any alleged failure, neglect or inability of Subcontractor to: (a) fully and timely perform all of Subcontractor’s obligations under this Subcontract; (b) pay its laborers, suppliers, and lower tier contractors (of any tier); (c) pay its union dues, fees and other obligations; (d) pay its tax, insurance and surety obligations; (e) as a result of any claim made by such laborers, unions, taxing authorities, insurers, suppliers or subcontractors (of any tier) against Tarlton, the Owner, the Architect/Engineer, Xxxxxxx’x surety or any other person or entity to whom Tarlton may owe a duty of indemnity; or (f) as a result of any personal injury or property damage arising out of or in connection with this Subcontract, or any work or operations under or in connection with this Subcontract Tarlton and Subcontractor agree to waive all rights they may have against one another, and Subcontractor waives any right it may have against the Owner for damages caused by fire or other perils to the extent covered by property insurance described in the Contract Documents.
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Indemnity Insurance and Waiver of Subrogation. 8.1 Tenant covenants with Landlord that Landlord shall not be liable for any damage or liability of any kind or for any injury to or death of persons or damage to property of Tenant or any other person, from and after Tenant taking possession thereof pursuant to the provisions of Paragraph 2.1, from any cause whatsoever by reason of the use, occupancy and enjoyment of the Premises by Tenant or any person holding under Tenant, and that Tenant will indemnify and save harmless the Landlord from all liability whatsoever on account of any such real or claimed damage or injury and from all liens, claims and demands arising out of the use of the premises, by Tenant, its invitees, agents and employees or any person holding under Tenant, or in connection with any repairs or alterations which Tenant may make, except to the extent any such damage or claim results from the negligent or intentional act or omission of Landlord. This obligation to indemnify shall include reasonable attorneys' fees.
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Indemnity Insurance and Waiver of Subrogation 
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Related to Indemnity Insurance and Waiver of Subrogation

  • Insurance; Waiver of Subrogation 23.1. Landlord shall maintain insurance for the Building and the Project in amounts equal to full replacement cost (exclusive of the costs of excavation, foundations and footings, engineering costs or such other costs to the extent the same are not incurred in the event of a rebuild and without reference to depreciation taken by Landlord upon its books or tax returns) or such lesser coverage as Landlord may elect, provided that such coverage shall not be less than the amount of such insurance Landlord’s Lender, if any, requires Landlord to maintain, providing protection against any peril generally included within the classification “Fire and Extended Coverage,” together with insurance against sprinkler damage (if applicable), vandalism and malicious mischief. Landlord, subject to availability thereof, shall further insure, if Landlord deems it appropriate, coverage against flood, environmental hazard, earthquake, loss or failure of building equipment, rental loss during the period of repairs or rebuilding, Workers’ Compensation insurance and fidelity bonds for employees employed to perform services. Notwithstanding the foregoing, Landlord may, but shall not be deemed required to, provide insurance for any improvements installed by Tenant or that are in addition to the standard improvements customarily furnished by Landlord, without regard to whether or not such are made a part of or are affixed to the Building.

  • Release and Waiver of Subrogation The parties hereto release each other, and their respective agents and employees, from any liability for injury to any person or damage to property that is caused by or results from any risk insured against under any valid and collectible insurance policy carried by either of the parties which contains a waiver of subrogation by the insurer and is in force at the time of such injury or damage; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs Section 9.1A and Section 9.2B; (ii) such release shall apply to liability resulting from any risk insured against or covered by self-insurance maintained or provided by Tenant to satisfy the requirements of Section 9.1 to the extent permitted by this Lease; and (iii) Tenant shall not be released from any such liability to the extent any damages resulting from such injury or damage are not covered by the recovery obtained by Landlord from such insurance, but only if the insurance in question permits such partial release in connection with obtaining a waiver of subrogation from the insurer. This release shall be in effect only so long as the applicable insurance policy contains a clause to the effect that this release shall not affect the right of the insured to recover under such policy. Each party shall use reasonable efforts to cause each insurance policy obtained by it to provide that the insurer waives all right of recovery by way of subrogation against the other party and its agents and employees in connection with any injury or damage covered by such policy. However, if any insurance policy cannot be obtained with such a waiver of subrogation, or if such waiver of subrogation is only available at additional cost and the party for whose benefit the waiver is to be obtained does not pay such additional cost, then the party obtaining such insurance shall notify the other party of that fact and thereupon shall be relieved of the obligation to obtain such waiver of subrogation rights from the insurer with respect to the particular insurance involved.

  • Waiver of Subrogation, Etc Notwithstanding anything to the contrary in this Agreement or in any other Loan Document, and except as set forth in Section 12.7, each Borrower hereby expressly and irrevocably waives any and all rights at law or in equity to subrogation, reimbursement, exoneration, contribution, indemnification or set off and any and all defenses available to a surety, guarantor or accommodation co-obligor. Each Borrower acknowledges and agrees that this waiver is intended to benefit Agent and Lenders and shall not limit or otherwise affect such Borrower’s liability hereunder or the enforceability of this Section 12, and that Agent, Lenders and their respective successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this Section 12.4.

  • Waiver of Subrogation Until this Indenture is discharged and all of the Notes are discharged and paid in full, each Guarantor hereby irrevocably waives and agrees not to exercise any claim or other rights which it may now or hereafter acquire against the Company that arise from the existence, payment, performance or enforcement of the Company’s obligations under the Notes or this Indenture and such Guarantor’s obligations under this Guarantee and this Indenture, in any such instance including, without limitation, any right of subrogation, reimbursement, exoneration, contribution, indemnification, and any right to participate in any claim or remedy of the Holders against the Company, whether or not such claim, remedy or right arises in equity, or under contract, statute or common law, including, without limitation, the right to take or receive from the Company, directly or indirectly, in cash or other property or by set-off or in any other manner, payment or security on account of such claim or other rights. If any amount shall be paid to any Guarantor in violation of the preceding sentence and any amounts owing to the Trustee or the Holders of Notes under the Notes, this Indenture, or any other document or instrument delivered under or in connection with such agreements or instruments, shall not have been paid in full, such amount shall have been deemed to have been paid to such Guarantor for the benefit of, and held in trust for the benefit of, the Trustee or the Holders and shall forthwith be paid to the Trustee for the benefit of itself or such Holders to be credited and applied to the obligations in favor of the Trustee or the Holders, as the case may be, whether matured or unmatured, in accordance with the terms of this Indenture. Each Guarantor acknowledges that it will receive direct and indirect benefits from the financing arrangements contemplated by this Indenture and that the waiver set forth in this Section 11.05 is knowingly made in contemplation of such benefits.

  • Indemnity Insurance a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder.

  • Insurance and Subrogation (a) The Corporation may purchase and maintain insurance on behalf of Indemnitee who is or was or has agreed to serve at the request of the Corporation as a director or officer of the Corporation, or is or was serving at the request of the Corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust, employee benefit plan or other enterprise against any liability asserted against, and incurred by, Indemnitee or on Indemnitee’s behalf in any such capacity, or arising out of Indemnitee’s status as such, whether or not the Corporation would have the power to indemnify Indemnitee against such liability under the provisions of this Agreement. If the Corporation has such insurance in effect at the time the Corporation receives from Indemnitee any notice of the commencement of a proceeding, the Corporation shall give prompt notice of the commencement of such proceeding to the insurers in accordance with the procedures set forth in the policy. The Corporation shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such proceeding in accordance with the terms of such policy.

  • Mutual Waiver of Subrogation Landlord hereby releases Tenant, and Tenant hereby releases Landlord and its respective partners, principals, members, officers, agents, employees and servants, from any and all liability for loss, damage or injury to the property of the other in or about the Leased Premises or the Property which is caused by or results from a peril or event or happening which is covered by insurance actually carried and in force at the time of the loss by the party sustaining such loss; provided, however, that such waiver shall be effective only to the extent permitted by the insurance covering such loss and to the extent such insurance is not prejudiced thereby.

  • General liability insurance endorsement The following are required:

  • Waiver of Subrogation Rights (15) Neither the Lessor nor the Lessee shall be liable to the other for loss arising out of damage to or destruction of the Premises, or the building or improvement of which the Premises are a part or with which they are connected, or the contents of any thereof, when such loss is caused by any of the perils which are or could be included within or insured against by a standard form of fire insurance with extended coverage, including sprinkler leakage insurance, if any. All such claims for any and all loss, however caused, hereby are waived. Such absence of liability shall exist whether or not the damage or destruction is caused by the negligence of either Lessor or Lessee or by any of their respective agents, servants or employees. It is the intention and agreement of the Lessor and the Lessee that the rentals reserved by this lease have been fixed in contemplation that both parties shall fully provide their own insurance protection at their own expense, and that both parties shall look to their respective insurance carriers for reimbursement of any such loss, and further, that the insurance carriers involved shall not be entitled to subrogation under any circumstances against any party to this lease. Neither the Lessor nor the Lessee shall have any interest or claim in the other’s insurance policy or policies, or the proceeds thereof, unless specifically covered therein as a joint insured.

  • Non-Exclusivity; Survival of Rights; Insurance; Primacy of Indemnification; Subrogation (a) The rights of indemnification and to receive advancement as provided by this Agreement shall not be deemed exclusive of any other rights to which Indemnitee may at any time be entitled under applicable law, the Charter, the Bylaws, any agreement, a vote of stockholders or a resolution of directors, or otherwise. No amendment, alteration or repeal of this Agreement or of any provision hereof shall limit or restrict any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. To the extent that a change in Delaware law, whether by statute or judicial decision, permits greater indemnification or advancement than would be afforded currently under the Charter, Bylaws and this Agreement, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. No right or remedy herein conferred is intended to be exclusive of any other right or remedy, and every other right and remedy shall be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other right or remedy.

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