Common use of Obligation Clause in Contracts

Obligation. The Consultant shall defend, indemnify and hold harmless the City and its officers, employees and agents against all claims, losses, damages, injuries, expenses or liabilities that – directly or indirectly, or in whole or in part - arise out of, pertain to, or relate to any of the following: • The Consultant’s negligent performance of all or any part of the services or deliverables provided pursuant to an Approved Service Order; or • Any negligent act or omission, recklessness or willful misconduct of the Consultant, any of its Subcontractors, anyone directly or indirectly employed by either the Consultant or any of its Subcontractors, or anyone that they control; or • Any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other proprietary right of any person(s) caused by the City’s use of any services, deliverables or other items provided by the Consultant pursuant to an Approved Service Order; or • Any breach of this Master Agreement.

Obligation. The Consultant shall defend, indemnify and hold harmless the City and its officers, employees and agents against all claims, losses, damages, injuries, expenses or liabilities that – directly or indirectly, or in whole or in part - arise out of, pertain to, or relate to any of the following: •  The Consultant’s negligent performance of all or any part of the services or deliverables provided pursuant to an Approved Service Order; or •  Any negligent act or omission, recklessness or willful misconduct of the Consultant, any of its Subcontractors, anyone directly or indirectly employed by either the Consultant or any of its Subcontractors, or anyone that they control; or •  Any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark ▇▇▇▇ or any other proprietary right of any person(s) caused by the City’s use of any services, deliverables or other items provided by the Consultant pursuant to an Approved Service Order; or •  Any breach of this Master AgreementAgreement by the Consultant or any Subcontractor.

Obligation. The Consultant shall defend, indemnify and hold harmless the City and its officers, employees and agents against all claims, losses, damages, injuries, expenses or liabilities that – directly or indirectly, or in whole or in part - arise out of, pertain to, or relate to any of the following: • The Consultant’s negligent performance of all or any part of the services or deliverables provided pursuant to an Approved Service Order; or • Any negligent act or omission, recklessness or willful misconduct of the Consultant, any of its Subcontractors, anyone directly or indirectly employed by either the Consultant or any of its Subcontractors, or anyone that they control; or • Any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other proprietary right of any person(s) caused by the City’s use of any services, deliverables or other items provided by the Consultant pursuant to an Approved Service Order; or • Any breach of this Master Agreement.

Obligation. The Consultant shall defend, indemnify and hold harmless the City and its officers, employees and agents against all claims, losses, damages, injuries, expenses or liabilities that – directly or indirectly, or in whole or in part - arise out of, pertain to, or relate to any of the following: •  The Consultant’s negligent performance of all or any part of the services or deliverables provided pursuant to an Approved Service Order; or •  Any negligent act or omission, recklessness or willful misconduct of the Consultant, any of its Subcontractors, anyone directly or indirectly employed by either the Consultant or any of its Subcontractors, or anyone that they control; or •  Any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark ▇▇▇▇ or any other proprietary right of any person(s) caused by the City’s use of any services, deliverables or other items provided by the Consultant pursuant to an Approved Service Order; or •  Any breach of this Master Agreement.

Obligation. The Consultant shall defend, indemnify and hold harmless the City and its officers, employees and agents against all claims, losses, damages, injuries, expenses or liabilities that – directly or indirectly, or in whole or in part - arise out of, pertain to, or relate to any of the following: • The Consultant’s negligent performance of all or any part of the services or deliverables provided pursuant to an Approved Service Order; or • Any negligent act or omission, recklessness or willful misconduct of the Consultant, any of its Subcontractors, anyone directly or indirectly employed by either the Consultant or any of its Subcontractors, or anyone that they control; or • Any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark ▇▇▇▇ or any other proprietary right of any person(s) caused by the City’s use of any services, deliverables or other items provided by the Consultant pursuant to an Approved Service Order; or • Any breach of this Master AgreementAgreement by the Consultant or any Subcontractor.

Obligation. The Consultant shall defend, indemnify and hold harmless the City and its officers, employees and agents against all claims, losses, damages, injuries, expenses or liabilities that – directly or indirectly, or in whole or in part - arise out of, pertain to, or relate to any of the following: • The Consultant’s negligent performance of all or any part of the services or deliverables provided pursuant to an Approved Service Order; or • Any negligent act or omission, recklessness or willful misconduct of the Consultant, any of its Subcontractors, anyone directly or indirectly employed by either the Consultant or any of its Subcontractors, or anyone that they control; or • Any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other proprietary right of any person(s) caused by the City’s use of any services, deliverables or other items provided by the Consultant pursuant to an Approved Service Order; or • Any breach of this Master AgreementAgreement by the Consultant or any Subcontractor.

Obligation. The Consultant shall defend, indemnify and hold harmless the City and its officers, employees and agents against all claims, losses, damages, injuries, expenses or liabilities that – directly or indirectly, or in whole or in part - arise out of, pertain to, or relate to any of the following: • The Consultant’s negligent performance of all or any part of the services or deliverables provided pursuant to an Approved Service Order; or • Any negligent act or omission, recklessness or willful misconduct of the Consultant, any of its Subcontractors, anyone directly or indirectly employed by either the Consultant or any of its Subcontractors, or anyone that they control; or • Any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark ▇▇▇▇ or any other proprietary right of any person(s) caused by the City’s use of any services, deliverables or other items provided by the Consultant pursuant to an Approved Service Order; or • Any breach of this Master Agreement.

Obligation. The Consultant shall defend, indemnify and hold harmless the City and its officers, employees and agents against all claims, losses, damages, injuries, expenses or liabilities that – directly or indirectly, or in whole or in part - arise out of, pertain to, or relate to any of the following: •  The Consultant’s negligent performance of all or any part of the services or deliverables provided pursuant to an Approved Service Order; or •  Any negligent act or omission, recklessness or willful misconduct of the Consultant, any of its Subcontractors, anyone directly or indirectly employed by either the Consultant or any of its Subcontractors, or anyone that they control; or •  Any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark ▇▇▇▇ or any other proprietary right of any person(s) caused by the City’s use of any services, deliverables or other items provided by the Consultant pursuant to an Approved Service Order; or •  Any material breach of this Master AgreementAgreement by the Consultant or any Subcontractor.

Obligation. The Consultant shall defend, indemnify and hold harmless the City and its officers, employees and agents against all third-party claims, losses, damages, injuries, expenses or liabilities that – directly or indirectly, or in whole or in part - arise out of, pertain to, or relate to any of the following: • The Consultant’s negligent performance of all or any part of the services or deliverables provided pursuant to an Approved Service Order; or • Any negligent act or omission, recklessness or willful misconduct of the Consultant, any of its Subcontractors, anyone directly or indirectly employed by either the Consultant or any of its Subcontractors, or anyone that they control; or • Any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other proprietary right of any person(s) caused by the City’s use of any services, deliverables or other items provided by the Consultant pursuant to an Approved Service Order; or • Any breach of this Master Agreement.

Obligation. The Consultant shall defend, indemnify and hold harmless the City and its officers, employees and agents against all claims, losses, damages, injuries, expenses or liabilities that – directly or indirectly, or in whole or in part - arise out of, pertain to, or relate to any of the following: • The Consultant’s negligent performance of all or any part of the services or deliverables provided pursuant to an Approved Service Order; or • Any negligent act or omission, recklessness or willful misconduct of the Consultant, any of its Subcontractors, anyone directly or indirectly employed by either the Consultant or any of its Subcontractors, or anyone that they control; or • Any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other proprietary right of any person(s) caused by the City’s use of any services, deliverables or other items provided by the Consultant pursuant to an Approved Service Order; or • Any breach of this Master Agreement.. Page: 7 of 16

Obligation. The Consultant shall defend, indemnify and hold harmless the City and its officers, employees and agents against all claims, losses, damages, injuries, expenses or liabilities that – directly or indirectly, or in whole or in part - arise out of, pertain to, or relate to any of the following: •  The Consultant’s negligent performance of all or any part of the services or deliverables provided pursuant to an Approved Service Order; or •  Any negligent act or omission, recklessness or willful misconduct of the Consultant, any of its Subcontractors, anyone directly or indirectly employed by either the Consultant or any of its Subcontractors, or anyone that they control; or •  Any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other proprietary right of any person(s) caused by the City’s use of any services, deliverables or other items provided by the Consultant pursuant to an Approved Service Order; or • Page: 7 of 16  Any breach of this Master Agreement.

Obligation. The Consultant shall defend, indemnify and hold harmless the City and its officers, employees and agents against all claims, losses, damages, injuries, expenses or liabilities that – directly or indirectly, or in whole or in part - – to the extent caused by and arise out of, pertain to, or relate to any of the following: •  The Consultant’s negligent performance of all or any part of the services or deliverables provided pursuant to an Approved Service Order; or •  Any negligent act or omission, recklessness or willful misconduct of the Consultant, any of its Subcontractors, anyone directly or indirectly employed by either the Consultant or any of its Subcontractors, or anyone that they control; or •  Any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark ▇▇▇▇ or any other proprietary right of any person(s) caused by the City’s use of any services, deliverables or other items provided by the Consultant pursuant to an Approved Service Order; or •  Any breach of this Master AgreementAgreement by the Consultant or any Subcontractor.

Obligation. The Consultant shall defend, indemnify and hold harmless the City and its officers, employees and agents against all claims, losses, damages, injuries, expenses or liabilities that – directly or indirectly, or in whole or in part - arise out of, pertain to, or relate to any of the following: • The Consultant’s negligent performance of all or any part of the services or deliverables provided pursuant to an Approved Service Order; or • Any negligent act or omission, recklessness or willful misconduct of the Consultant, any of its Subcontractors, anyone directly or indirectly employed by either the Consultant or any of its Subcontractors, or anyone that they control; or • Any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other proprietary right of any person(s) caused by the City’s use of any services, Page: 7 of 16 deliverables or other items provided by the Consultant pursuant to an Approved Service Order; or • Any breach of this Master Agreement.

Obligation. The Consultant shall defend, indemnify and hold harmless the City and its officers, employees and agents against all claims, losses, damages, injuries, expenses or liabilities that – directly or indirectly, or in whole or in part - arise out of, pertain to, or relate to any of the following: •  The Consultant’s negligent performance of all or any part of the services or deliverables provided pursuant to an Approved Service Order; or •  Any negligent act or omission, recklessness or willful misconduct of the Consultant, any of its Subcontractors, anyone directly or indirectly employed by either the Consultant or any of its Subcontractors, or anyone that they control; or •  Any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other proprietary right of any person(s) caused by the City’s use of any services, deliverables or other items provided by the Consultant pursuant to an Approved Service Order; or •  Any breach of this Master Agreement.. Page: 7 of 14

Obligation. The Consultant shall defend, indemnify and hold harmless the City and its officers, employees and agents against all claims, losses, damages, injuries, expenses or liabilities that – directly or indirectly, or in whole or in part - arise – \rise out of, pertain to, or relate to any of the following: • The Consultant’s negligent performance of all or any part of the services or deliverables provided pursuant to an Approved Service Order; or • Any negligent act or omission, recklessness or willful misconduct of the Consultant, any of its Subcontractors, anyone directly or indirectly employed by either the Consultant or any of its Subcontractors, or anyone that they control; or • Any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other proprietary right of any person(s) caused by the City’s use of any services, deliverables or other items provided by the Consultant pursuant to an Approved Service Order; or • Any breach of this Master Agreement.. Page: 7 of 14

Obligation. The Consultant shall defend, indemnify and hold harmless the City and its officers, employees and agents against all claims, losses, damages, injuries, expenses or liabilities that – directly or indirectly, or in whole or in part - arise out of, pertain to, or relate to any of the following: • The Consultant’s negligent performance of all or any part of the services or deliverables provided pursuant to an Approved Service Order; or • Any negligent act or omission, recklessness or willful misconduct of the Consultant, any of its Subcontractors, anyone directly or indirectly employed by either the Consultant or any of its Subcontractors, or anyone that they control; or • Any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other proprietary right of any person(s) caused by the City’s use of any services, deliverables or other items provided by the Consultant pursuant to an Approved Service Order; or • Any breach of this Master Agreement.. •