Common use of Personal Injury and Property Damage Clause in Contracts

Personal Injury and Property Damage. Subject to Section 6, each party shall indemnify, defend and hold harmless the other and its officers, directors, employees, Affiliates (including, where applicable, Fidelity’s Affiliates and Customer Affiliates), and agents from any and all liabilities, losses, costs, damages and expenses (including reasonable attorneys’ fees) arising from or in connection with the damage, loss (including theft) or destruction of any real property or tangible personal property of the indemnified party resulting from the actions or inactions of any employee, agent or subcontractor of the indemnifying party insofar as such damage arises out of or in the course of fulfilling its obligations under this Agreement and only to the extent such damage is due to any negligence, breach of statutory duty, omission or breach of the indemnifying party, its employees, agents or subcontractors. The foregoing represents the sole and exclusive remedy of each party with regard to any matter described in this Section 8.1.

Personal Injury and Property Damage. Subject to Section 6, each Each party shall indemnify, defend and hold harmless the other and its officers, directors, employees, Affiliates affiliates (including, where applicable, Fidelity’s Affiliates 's affiliates and Customer AffiliatesClient affiliates), and agents from any and all liabilities, losses, costs, damages and expenses (including reasonable attorneys’ ' fees) arising from or in connection with the damage, loss (including theft) or destruction of any real property or tangible personal property of the indemnified party resulting from the actions or inactions of any employee, agent or subcontractor of the indemnifying party insofar as such damage arises out of or in the course of fulfilling its obligations under this Agreement and only to the extent such damage is due to any negligence, breach of statutory duty, omission or breach default of the indemnifying party, its employees, agents or subcontractors. The foregoing represents the sole and exclusive remedy of each party with regard to any matter described in this Section 8.128.1.

Personal Injury and Property Damage. Subject to Section 613.2, each party shall indemnify, defend and hold harmless the other and its officers, directors, employees, Affiliates affiliates (including, where applicable, Fidelity’s Affiliates 's affiliates and Customer AffiliatesClient affiliates), and agents from any and all liabilities, losses, costs, damages and expenses (including reasonable attorneys’ ' fees) arising from or in connection with the damage, loss (including theft) or destruction of any real property or tangible personal property of the indemnified party resulting from the actions or inactions of any employee, agent or subcontractor of the indemnifying party insofar as such damage arises out of or in the course of fulfilling its obligations under this Agreement and only to the extent such damage is due to any negligence, breach of statutory duty, omission or breach of the indemnifying party, its employees, agents or subcontractors. The foregoing represents the sole and exclusive remedy of each party with regard to any matter described in this Section 8.115.1.