Operator Indemnity Clause Samples
The Operator Indemnity clause requires the operator to compensate or protect another party from losses, damages, or liabilities arising from the operator's actions or omissions. Typically, this clause applies to situations where the operator's negligence, misconduct, or failure to perform contractual duties results in harm to the other party or third parties. By allocating responsibility for certain risks to the operator, this clause ensures that the party relying on the operator is financially protected against specific operational risks and liabilities.
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Operator Indemnity. Operator shall indemnify, defend and hold harmless Owner, Lender, Camden Paperboard and their respective Affiliates, and partners, joint venturers, officers, agents, employees, successors and assigns (collectively, the "Owner Indemnitees") from and against any and all suits, actions, legal or administrative proceedings, claims, demands, penalties, costs and expenses (including attorneys' fees, court costs and all costs or expenses related to environmental clean-up, containment, remediation or removal of hazardous waste or pollution to property of third parties) of any nature for personal injury or death or physical damage to property of any third party (including employees of Operator and its subcontractors) arising out of or resulting from the performance or non-performance of the Work or any other activities on or about the Site or other locations where the Work is performed to the extent that the same is caused by any negligent act or negligent omission of, or willful misconduct or intentional act by, Operator or its subcontractors or suppliers, or anyone employed by any of them or anyone for whose acts any of them may be liable, unless solely caused by the negligence of any of the Owner Indemnitees. In the event that such damage or injury is caused by the joint or concurrent negligence of Owner, its employees, subcontractors (other than subcontractors of Operator) or agents, the loss shall be borne by Operator and Owner proportionately to their degree of fault. In the event Operator shall be liable for any loss, costs and expenses pursuant to this Section 13.1, the proceeds of the insurance policies referred to in Section 10.2(c) and (d) shall first apply, other than as stipulated therein, to the loss, costs and expenses. If such proceeds are insufficient to cover all such loss, costs and expenses, Operator shall be liable for and shall pay for all sums in excess of such insurance proceeds; provided, however, in the event that such loss, costs and expenses are caused by the joint or concurrent negligence of Owner, its employees, subcontractors (other than subcontractors of Operator) or agents, the loss, costs and expenses shall be borne by Operator and Owner proportionately to their degree of fault. Notwithstanding anything herein to the contrary, in the event of loss or damage due to the negligence or willful misconduct of Operator, Operator shall be liable, proportionately to the extent of Operator's negligence or willful misconduct, for the deductib...
Operator Indemnity. OPERATOR SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER GROUP FROM AND AGAINST ALL DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING ALL REASONABLE ATTORNEYS’ FEES, AND LITIGATION OR ARBITRATION EXPENSES) ARISING OUT OF OR RESULTING FROM OR RELATED TO (I) INJURY TO OR DEATH OF ANY MEMBER OF THE OPERATOR GROUP OR (II) DAMAGE TO OR DESTRUCTION OF PROPERTY OF ANY MEMBER OF THE OPERATOR GROUP OCCURRING IN CONNECTION WITH THE SERVICES, REGARDLESS OF THE CAUSE OF SUCH INJURY, DEATH, PHYSICAL DAMAGE OR DESTRUCTION, INCLUDING THE SOLE OR JOINT NEGLIGENCE, BREACH OF CONTRACT OR OTHER BASIS OF LIABILITY OF ANY MEMBER OF THE OWNER GROUP. Operator shall indemnify, defend, and hold harmless the Owner Group against any and all Losses of whatever kind and nature, including all related costs and expenses incurred in connection therewith, in respect of personal injury to or death of third parties and in respect of loss of or damage to any third party property to the extent that the same arises out of:
(a) any breach by Operator of its obligations hereunder;
(b) any negligent act or omission on the part of Operator; and
(c) any gross negligence or willful misconduct of Operator. Any indemnification payable by Operator to Owner hereunder shall be net of any insurance proceeds received by Owner under Owner’s insurance policies with respect to the circumstances giving rise to Operator’s indemnification of Owner hereunder.
Operator Indemnity. The Operator shall defend, indemnify and hold harmless the Municipality, its elected representatives, officers, employees and agents from and against any losses that arise out of, or result from and are directly related to:
11.1.1 The occurrence of default by the Operator;
11.1.2 Any negligent or willful acts or omissions by the Operator with respect to the Operator’s performance of its obligations under the Agreement.
11.1.3 Any losses or damages incurred by any person using the Facilities including sickness or death that occurs as a result of the COVID 19 PANDEMIC and the Operator agrees to release the Municipality of Lambton Shores from any liability in connection therewith.
Operator Indemnity. Operator shall indemnify and hold Licensor harmless from and against any costs, losses, liabilities and expenses (including reasonable attorneys fees) arising out of third party claims related to Operator's use of the Software under this License.
Operator Indemnity. The Operator unconditionally and irrevocably indemnifies the [TfNSW Lessor/Successor Operator] against any liability, cost, damages, debt, expense, tax or loss incurred or payable by the [TfNSW Lessor/Successor Operator] as a result of any suit, action, demand, cause of action or proceeding against the [TfNSW Lessor/Successor Operator] under or in respect the Bus Leases which relates to any act or omission of the Operator at any time before the Effective Date.
Operator Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, OPERATOR SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER GROUP FROM AND AGAINST ALL DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING ALL REASONABLE ATTORNEYS' FEES, AND LITIGATION OR ARBITRATION EXPENSES) ARISING OUT OF OR RESULTING FROM OR RELATED TO (I) INJURY TO OR DEATH OF ANY MEMBER OF THE OPERATOR GROUP OR (II) DAMAGE TO OR DESTRUCTION OF PROPERTY OF ANY MEMBER OF THE OPERATOR GROUP OCCURRING IN CONNECTION WITH THE SERVICES, REGARDLESS OF THE CAUSE OF SUCH INJURY, DEATH, PHYSICAL DAMAGE OR DESTRUCTION, INCLUDING THE SOLE OR JOINT
(a) any breach by Operator of its obligations hereunder;
(b) any negligent act or omission on the part of Operator; and
(c) any gross negligence or willful misconduct of Operator. Any indemnification payable by Operator to Owner hereunder shall be net of any insurance proceeds received by Owner under Owner's insurance policies with respect to the circumstances giving rise to Operator' indemnification of Owner hereunder.
Operator Indemnity. 17.1.1 The Operator shall indemnify SANParks, and hold SANParks harmless from and shall be responsible to third parties for, any liability, loss, damage, damages, cost or costs of any kind whatsoever incurred or suffered by any third party or SANParks on or after the Operation Commencement Date, including any claim against SANParks by a Relevant Authority, as a result of any act or omission of the Operator or any Responsible Person, (including without limitation any default or failure by the Operator under this Management Agreement) with regard to the operation and management of the Houseboats except to the extent directly caused by any gross negligence, material default or material breach of statutory duty on the part of SANParks or such Relevant Authority.
17.1.2 Without limiting the generality of the foregoing, the Operator shall indemnify SANParks against all liability, loss, damage, damages, cost or costs and claims by third parties against SANParks in respect of:
17.1.2.1 death or injury to any Person; or
17.1.2.2 loss of or damage to any property; arising out of any such act or omission by the Operator referred to in Clause
Operator Indemnity. Operator shall indemnify, defend, and hold harmless Owner Representatives (other than Operator, any Subcontractor and their respective Representatives) against any and all Losses of whatever kind and nature, including all related costs and expenses incurred in connection therewith, in respect of personal injury to or death of third parties and in respect of loss of or damage to any third party property to the extent that the same arises out of:
(a) any breach by Operator of its obligations hereunder;
(b) any negligent act or omission on the part of Operator, its Subcontractors, or their Representatives; and
(c) any gross negligence, willful misconduct, or other breach of duty on the part of Operator, its Subcontractors, or their Representatives. Any indemnification payable by Operator to Owner hereunder shall be net of any insurance proceeds received by Owner under Owner’s insurance policies with respect to the circumstances giving rise to Operator’s indemnification of Owner hereunder.
Operator Indemnity. The Operator must indemnify and hold harmless the Mine Owner, its directors, employees, agents and contractors (Mine Owner Indemnified Persons) from and against all actual damage, loss, expense or liability of any nature suffered or incurred by the Mine Owner Indemnified Persons (including any claims made by Third Parties) in connection with its management of Operations while it is the Operator, including any personal injury, disease, illness or death, or physical loss of or damage to property, of the Mine Owner Indemnified Persons or any Third Party, to the extent caused by a material breach of a material obligation under this Agreement, fraud or negligence or Wilful Misconduct of the Operator, its directors, employees, agents or contractors, except that the Operator shall in no circumstances be liable for any consequential or indirect loss or damage (including, but not limited to, inability to produce the Products, lost production, loss of profits or replacement costs).
Operator Indemnity. Subject to Article 17.2, the Operator covenants to defend, indemnify and save harmless the City from and against any and all Claims of any nature whatsoever and howsoever caused by the Operator resulting from or relating to:
(a) Any breach, violation or non-performance of this Agreement;
(b) The existence or the alleged existence of any dangerous condition in or at the Pelletizer Facility;
(c) Any acts performed or omitted to be performed (including, without limitation, any negligent acts or omissions);
(d) Any damage to property, either real or personal, either owned by the City or others (including any member of the public), howsoever occasioned;
(e) Any personal or bodily injury to or death of any person or persons (including, any member of the public), howsoever occasioned;
(f) Any inaccuracy in or breach of any of the representations, warranties or covenant contained in this Agreement, or any document given pursuant to this Agreement;
(g) Any liabilities relating to the reversion of the Pelletizer Facility, including any claims of all employees who are terminated by the Operator;
(h) Any infringement or breach of any patent, trade secret, service mark, trade name, copyright, official mark, moral right, trademark, industrial design or other proprietary rights of any person conferred by contract, common law, statute or otherwise in respect to the work or services or any matter performed by the Operator, or anyone else for whom the Operator is, at Law, responsible, or is occasioned by the Operator in connection with work done or services provided by the Operator under this Agreement.
(i) Any third party claims, actions, suits or proceedings related to the Operator under this Agreement; or
(j) All costs, expenses and legal fees (on a substantial indemnity basis) that may be incurred or paid by the City in enforcing this Agreement and/or that may be incurred or paid by the City in connection with any Claim, action, suit or proceeding with respect to a matter for which the Operator is obligated to indemnify the City pursuant to this Agreement.