Common use of Release; Indemnification Clause in Contracts

Release; Indemnification. A. Fleet Operator covenants and agrees that it shall defend, indemnify and hold DTE Electric and all of its affiliates, officers, agents and employees (collectively, “DTE Electric Indemnitees”) harmless for any claim, loss, damage, cost, charge, expense, lien, settlement or judgment, including interest thereon, whether to any person, including employees of Fleet Operator, its Subcontractors and Suppliers, or property or both, arising directly or indirectly out of or in connection with Fleet Operator’s or any of its Subcontractor’s or Supplier’s participation in the Charging Forward eFleets program or performance of this Agreement, to which any DTE Electric Indemnitee may be subject or put by reason of any act, action, neglect or omission on the part of Fleet Operator, any of its Subcontractors or Suppliers or DTE Electric, or any of their respective officers, agents and employees. Without limiting the foregoing, said obligation includes claims involving Fleet Operator’s, Supplier’s or Subcontractor’s employees injured while going to and from any location directly or indirectly involved with the Charging Forward eFleets program or performance of this Agreement. If this Agreement is one subject to the provisions MCL 691.991, then Contractor shall not be liable under this section for damage to persons or property directly caused or resulting from the sole negligence of DTE Electric, or any of its officers, agents or employees.