Common use of THE CMS Clause in Contracts

THE CMS. indemnification obligation under Section 7.4 exists regardless of whether or not and the extent to which the claim, damage, loss, fine, penalty, or expense is caused in part by a Person indemnified under Section 7.4. But nothing in Section 7.4 obligates the CM to indemnify any individual or entity from and against the consequences of that Person’s own negligence.