Common use of Personal Injury and Property Damage Clause in Contracts

Personal Injury and Property Damage. Contractor shall be liable for and shall indemnify, defend and hold TIAA, its officers and directors and other employees, harmless against any claim, loss or damage, including reasonable attorneys’ fees, arising from the willful misconduct or gross negligence of Contractor and/or Contractor Personnel for personal injury or death, or damage to TIAA’s personal or real property. Neither Contractor nor Contractor Personnel shall make any claims against TIAA for any injuries to Contractor and/or Contractor Personnel, either for personal injury, including death, or for injury to property of any nature, unless such loss is the result of TIAA’s gross negligence or willful misconduct. Contractor shall ensure that adequate insurance is maintained for injuries to Contractor Personnel individually that may occur within the course and scope of Contractor’s provision of the Services.

Appears in 2 contracts

Samples: Master Independent Contractor Agreement (Tiaa Cref Life Separate Account Va-1), Master Independent Contractor Agreement (Tiaa-Cref Life Separate Account Vli-1)

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Personal Injury and Property Damage. Contractor shall be liable for and shall indemnify, defend and hold TIAA, its officers and directors and other employees, harmless against any claim, loss or damage, including reasonable attorneys' fees, arising from the willful misconduct or gross negligence of Contractor and/or Contractor Personnel for personal injury or death, or damage to TIAA’s personal or real property. Neither Contractor nor Contractor Personnel shall make any claims against TIAA for any injuries to Contractor and/or Contractor Personnel, either for personal injury, including death, or for injury to property of any nature, unless such loss is the result of TIAA’s 's gross negligence or willful misconduct. Contractor shall ensure that adequate insurance is maintained for injuries to Contractor Personnel individually that may occur within the course and scope of Contractor’s provision of the Services.

Appears in 2 contracts

Samples: Master Independent Contractor Agreement, Master Independent Contractor Agreement (TIAA-CREF Life Insurance CO)

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