Personal Injury and Property Damage Indemnity. SUPPLIER agrees at their own expense to indemnify, defend, and hold harmless VANDERBILT from and against any and all liability, loss, damage, expense, claims and demands of every kind and character, including reasonable attorneys’ fees, for injury or death to person or damage to property, (hereinafter referred to as “damage claims”), arising out of or in connection with the negligent acts or omissions of the SUPPLIER, its officers, directors, employees, agents and representatives.
Personal Injury and Property Damage Indemnity. Supplier shall indemnify, defend and hold harmless Customer and its employees, officers, directors and agents, from and against any third party claims, demands, loss, damage or expense relating to bodily injury or death of any person or damage to real and/or tangible personal property to the extent directly caused by a Product and directly resulting from a breach of the warranty contained in Section 9.1 or the negligence or willful misconduct of Supplier. Supplier shall have no indemnity obligation hereunder for claims resulting from Product misuse, neglect, failure to follow normal Product safety procedures and recommended precautions in the Product manual or negligence of the operator.
Personal Injury and Property Damage Indemnity. Each Party shall indemnify, defend and hold harmless the other Party and its subsidiaries from and against all actions, damages, liabilities, costs and expenses, including reasonable attorneys' fees and expenses, arising from any third party claim for bodily injury or damage to real or tangible personal property to the extent caused by the gross negligence or willful misconduct of the indemnifying party or its employees or agents.
Personal Injury and Property Damage Indemnity. Notwithstanding Section 3 of this Schedule E, Equitable and Alliance each agree to indemnify, defend and hold harmless the other from any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of third party claims for bodily injury or damage to physical property, to the extent caused directly and proximately by the negligence or willful misconduct of the other party, its employees, officers or agents.
Personal Injury and Property Damage Indemnity. Each Indemnifying Party agrees to indemnify and hold harmless the other from and against damages, costs and expenses (including reasonable attorneys fees) awarded against the Indemnified Party by a court pursuant to a final judgment as a result of, and defend the Indemnified Party against, any claim or action made or commenced by a third party or its legal representatives or successors for claims of death or bodily injury to such third party or physical damage to real or tangible personal property (excluding software, data and documentation) of such third party, to the extent caused directly and proximately by the negligence or willful misconduct of the Indemnifying Party. The provisions of this Article 6.3 shall not apply to claims, damages, costs or expenses arising out of or otherwise relating to the functioning, operations, quality, or use of any Services or InterDev Deliverables, all of which shall be treated as warranty claims under Article 7 of the Agreement.
Personal Injury and Property Damage Indemnity. COMPANY NAME” and Client each agree to indemnify, defend and hold harmless the other from and against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of third party claims for bodily injury or damage to real or tangible personal property, not including software, data, and documentation, to the extent caused directly and proximately by the gross negligence or willful misconduct of the indemnifying party, its employees or agents.
Personal Injury and Property Damage Indemnity. (1/22) Contractor shall indemnify, defend and hold harmless the City of Portland, its officers, agents, and employees, from all third party claims, demands, suits, and actions for all losses, damages, liabilities, costs and expenses (including all attorneys’ fees and costs), resulting from bodily injury (including death), damage to real property, and damage to tangible personal property to the extent caused by the intentional misconduct, or reckless or negligent actions, errors, or omissions of Contractor or its officers, employees, Subcontractors, or agents under this Contract. This duty shall survive the expiration or termination of this Contract.
Personal Injury and Property Damage Indemnity. Cognizant (including its Affiliates, as applicable), and Client each agree to indemnify, defend and hold harmless the other from and against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of third party claims for bodily injury or damage to real or tangible personal property, not including software, data, and documentation, to the extent caused directly and proximately by the gross negligence or willful misconduct of the indemnifying party, its employees or agents.
Personal Injury and Property Damage Indemnity. PODS and Westar each agree to indemnify, defend and hold harmless the other from any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of third party claims for bodily injury or damage to physical property, to the extent caused directly and proximately by the negligence or willful misconduct of the indemnitor, its employees or agents.
Personal Injury and Property Damage Indemnity. Each Party (the “Indemnifying Party”) shall indemnify, defend and hold the other party harmless from and against all Losses and threatened Losses arising from, in connection with, or based upon any claim or action by a third party alleging (i) death or bodily injury, or (ii) damage, loss or destruction of any real or tangible personal property, to the extent caused by the fault or negligence of the Indemnifying Party, its employees, agents or contractors. For avoidance of doubt, SAVVIS is a third party for purposes of this Section 34.4.
