Common use of SECTION 11 – INDEMNIFICATION Clause in Contracts

SECTION 11 – INDEMNIFICATION. To the extent any claim is not insured under the policy purchased by the Franchisee under Section 12 of this Agreement, each Party agrees to indemnify the other from each and every claim which the indemnitor will be legally liable to pay if: (a) a claim asserting the same loss or injury were made directly against the indemnitor, whether or not such a direct claim is actually made, and (b) the loss or injury sustained by the claimant resulted from the acts, errors or omissions of the indemnitor to those for whose actions the indemnitor is legally responsible. This mutual right to indemnity is in addition to and not in lieu of any other right of contribution or indemnity that may exist in favor of either Party under Oregon law; and the right to indemnity extends to officers, employees and agents of the indemnittee for all claims made against them because of their actions or capacity as such. “Indemnify,” as used herein, means to indemnify, defend and hold harmless.