Common use of By Port Clause in Contracts

By Port. Subject to and without in any way limiting the provisions of Sections 5 and 10 of this Agreement, the Port shall pay, protect, pay the defense costs of, indemnify and hold the County and its successors and assigns harmless from and against any and all loss, liability, claim, damage and expense suffered or incurred by reason of (a) the breach of any representation, warranty or agreement of the Port set forth in this Agreement; (b) the failure of the Port to perform any obligation required by this Agreement to be performed by the Port;

By Port. Subject to and without in any way limiting the provisions of Sections Paragraphs 5 and 10 9 of this Agreement, the Port shall pay, protect, pay the defense costs of, indemnify and hold the County City and its successors and assigns harmless from and against any and all loss, liability, claim, damage and expense suffered or incurred by reason of (a) the breach of any representation, warranty or agreement of the Port set forth in this Agreement; (b) the failure of the Port to perform any obligation required by this Agreement to be performed by the Port;