Common use of Contractor Indemnity Clause in Contracts

Contractor Indemnity. To the fullest extent permitted by law, the Contractor assumes all liability for and agrees to indemnify, defend (at option of Owner) and hold harmless the Owner Indemnified Parties from and against any and all claims, liabilities, damages, fines, penalties, losses, judgments, charges, costs, expenses (including reasonable attorneys’ fees), assessments, and causes of action, of every kind or character (whether just or unjust), including but not limited to claims involving personal injury (including death to any employee or other person), or damage to property (either real, personal or otherwise), or otherwise, that either directly or indirectly arise out of or relate to the performance by the Contractor Responsible Parties of this Contract, the Work or Services, the use by the Contractor Responsible Parties of the Owner’s property (both real and personal), any labor, materials, Inputs and equipment furnished by Contractor Responsible Parties, or any representation or warranty made by Contractor in any Contract Document. Additionally, the Contractor agrees to assume all liabilities, attorneys’ fees and other costs incurred by Owner Indemnified Parties arising out of their efforts to enforce the indemnification provisions of this Section. The indemnification obligations of Contractor provided for herein shall apply irrespective of any partial or contributed negligence or alleged partial or contributed negligence of Owner, except to the extent, if any, that the provisions of Section 5-322.1 of the New York General Obligations Law require otherwise. Contractor shall nevertheless remain liable hereunder on account of the negligence of a party other than Owner whether or not Owner is partially negligent. The indemnification obligations of Contractor provided for herein shall in all events survive performance of the other obligations of Contractor under this Contract and shall survive termination of this Contract for any reason. Such indemnification shall also include any claims arising under right- of-way agreements, licenses or any other forms of contracts or permits which Owner has relating to the property upon which the Work or Services to be done hereunder are performed.

Contractor Indemnity. To the fullest extent permitted by lawExcept with respect to a Nuclear Incident, the Contractor assumes all liability for and agrees to shall indemnify, defend (at option of Owner) and hold harmless the Owner Indemnified Parties Owner, its Affiliates, and their respective partners, shareholders, officers, directors, and lenders from and against any Third Party Claims and all claims, liabilities, damages, fines, penalties, losses, judgments, charges, costs, costs and expenses associated therewith (including reasonable attorneys’ ' fees), assessments, and causes ) from any injury of action, of every kind or character (whether just or unjust), including but not limited to claims involving personal injury (including death to any employee or other person)natural persons, or damage to or destruction of third party property (either reali.e., personal property other than the Facility or otherwise)other property belonging to Owner) to the extent arising from (i) the negligent or willful acts or omissions of Contractor or its Personnel or Invitees acting within the scope of their employment or for which applicable Law would otherwise hold Contractor liable for such acts or omissions, (ii) any Liens arising from nonpayment to any Subcontractor in connection with the Work, provided that Contractor has been paid in accordance with this Agreement, or otherwise(iii) the release on or from the Site of any Hazardous Materials, but only to the extent such release is due to Contractor's or a Subcontractor's or their Personnel's or Invitees' negligence or willful misconduct while acting within the scope of their employment or for which applicable Law would otherwise hold Contractor liable for such acts or omissions. Contractor's obligations in this Section 15.1 are limited to the proceeds of the insurances required to be provided hereunder, provided that either directly if the insurance program is a Contractor controlled insurance program, the limit shall be the amount of the proceeds from such insurance (or indirectly arise the proceeds which would have been received, if Contractor had not failed to obtain such insurance). Contractor's obligations in this Section 15.1 are further conditioned upon Owner giving Contractor prompt notice of any known claims for which it seeks indemnity hereunder (along with documentation which reasonably evidences Contractor's responsibility thereof) and Owner providing such assistance and cooperation in the defense of indemnified claims as Contractor shall reasonably request as set forth in more detail in Section 15.5. In the event that Owner or Owner Interests incur any cost, loss, damage or expense arising out of or relate resulting from any Third Party Claim for which Execution Version Confidential Trade Secret Information—Subject to the performance by the Restricted Procedures Contractor Responsible Parties of is required to indemnify Owner or Owner Interests pursuant to this ContractSection 15.2, the Work or Services, the use by the Contractor Responsible Parties of the Owner’s property (both real and personal), any labor, materials, Inputs and equipment furnished by Contractor Responsible Parties, or any representation or warranty made by Contractor in any Contract Document. Additionally, the Contractor agrees to assume all liabilities, attorneys’ fees and other costs incurred by Owner Indemnified Parties arising out of their efforts to enforce the indemnification provisions of this Section. The indemnification obligations of Contractor provided for herein shall apply irrespective of any partial or contributed negligence or alleged partial or contributed negligence of Owner, except to the extent, if any, that the provisions of Section 5-322.1 of the New York General Obligations Law require otherwise. Contractor shall nevertheless remain liable hereunder on account of the negligence of a party other than promptly reimburse Owner whether for such cost, loss, damage or not Owner is partially negligent. The indemnification obligations of Contractor provided for herein shall in all events survive performance of the other obligations of Contractor under this Contract and shall survive termination of this Contract for any reason. Such indemnification shall also include any claims arising under right- of-way agreements, licenses or any other forms of contracts or permits which Owner has relating to the property upon which the Work or Services to be done hereunder are performedexpense.

Contractor Indemnity. To the fullest extent permitted by lawExcept with respect to a Nuclear Incident, the Contractor assumes all liability for and agrees to shall indemnify, defend (at option of Owner) and hold harmless the Owner Indemnified Parties Owner, its Affiliates, and their respective partners, shareholders, officers, directors, and lenders from and against any Third Party Claims and all claims, liabilities, damages, fines, penalties, losses, judgments, charges, costs, costs and expenses associated therewith (including reasonable attorneys’ ' fees), assessments, and causes ) from any injury of action, of every kind or character (whether just or unjust), including but not limited to claims involving personal injury (including death to any employee or other person)natural persons, or damage to or destruction of third party property (either reali.e., personal property other than the Facility or otherwise)other property belonging to Owner) to the extent arising from (i) the negligent or willful acts or omissions of Contractor or its Personnel or Invitees acting within the scope of their employment or for which applicable Law would otherwise hold Contractor liable for such acts or omissions, (ii) any Liens arising from nonpayment to any Subcontractor in connection with the Work, provided that Contractor has been paid in accordance with this Agreement, or otherwise(iii) the release on or from the Site of any Hazardous Materials, but only to the extent such release is due to Contractor's or a Subcontractor's or their Personnel's or Invitees' negligence or willful misconduct while acting within the scope of their employment or for which applicable Law would otherwise hold Contractor liable for such acts or omissions. Contractor's obligations in this Section 15.1 are limited to the proceeds of the insurances required to be provided hereunder, provided that either directly if the insurance program is a Contractor controlled insurance program, the limit shall be the amount of the proceeds from such insurance (or indirectly arise the proceeds which would have been received, if Contractor had not failed to obtain such insurance). Contractor's obligations in this Section 15.1 are further conditioned upon Owner giving Contractor prompt notice of any known claims for which it seeks indemnity hereunder (along with documentation which reasonably evidences Contractor's responsibility thereof) and Owner providing such assistance and cooperation in the defense of indemnified claims as Contractor shall reasonably request as set forth in more detail in Section 15.5. In the event that Owner or Owner Interests incur any cost, loss, damage or expense arising out of or relate resulting from any Third Party Claim for which Contractor is required to the performance by the Contractor Responsible Parties of indemnify Owner or Owner Interests pursuant to this ContractSection 15.2, the Work or Services, the use by the Contractor Responsible Parties of the Owner’s property (both real and personal), any labor, materials, Inputs and equipment furnished by Contractor Responsible Parties, or any representation or warranty made by Contractor in any Contract Document. Additionally, the Contractor agrees to assume all liabilities, attorneys’ fees and other costs incurred by Owner Indemnified Parties arising out of their efforts to enforce the indemnification provisions of this Section. The indemnification obligations of Contractor provided for herein shall apply irrespective of any partial or contributed negligence or alleged partial or contributed negligence of Owner, except to the extent, if any, that the provisions of Section 5-322.1 of the New York General Obligations Law require otherwise. Contractor shall nevertheless remain liable hereunder on account of the negligence of a party other than promptly reimburse Owner whether for such cost, loss, damage or not Owner is partially negligent. The indemnification obligations of Contractor provided for herein shall in all events survive performance of the other obligations of Contractor under this Contract and shall survive termination of this Contract for any reason. Such indemnification shall also include any claims arising under right- of-way agreements, licenses or any other forms of contracts or permits which Owner has relating to the property upon which the Work or Services to be done hereunder are performedexpense.

Contractor Indemnity. To the fullest extent permitted by lawExcept with respect to a Nuclear Incident, the Contractor assumes all liability for and agrees to shall indemnify, defend (at option of Owner) and hold harmless the Owner Indemnified Parties Owner, its Affiliates, and their respective partners, shareholders, officers, directors, and lenders from and against any Third Party Claims and all claims, liabilities, damages, fines, penalties, losses, judgments, charges, costs, costs and expenses associated therewith (including reasonable attorneys’ fees), assessments, and causes ) from any injury of action, of every kind or character (whether just or unjust), including but not limited to claims involving personal injury (including death to any employee or other person)natural persons, or damage to or destruction of third party property (either reali.e., personal property other than the Facility or otherwise)other property belonging to Owner) to the extent arising from (i) the negligent or willful acts or omissions of Contractor or its Personnel or Invitees acting within the scope of their employment or for which applicable Law would otherwise hold Contractor liable for such acts or omissions, (ii) any Liens arising from nonpayment to any Subcontractor in connection with the Work, provided that Contractor has been paid in accordance with this Agreement, or otherwise(iii) the release on or from the Site of any Hazardous Materials, that either directly or indirectly arise out of or relate but only to the performance by extent such release is due to Contractor’s or a Subcontractor’s or their Personnel’s or Invitees’ negligence or willful misconduct while acting within the scope of their employment or for which applicable Law would otherwise hold Contractor Responsible Parties liable for such acts or omissions. Contractor’s obligations in this Section 15.1 are limited to the proceeds of this Contractthe insurances required to be provided hereunder, provided that if the insurance program is a Contractor controlled insurance program, the Work or Services, limit shall be the use by the Contractor Responsible Parties amount of the Ownerproceeds from such insurance (or the proceeds which would have been received, if Contractor had not failed to obtain such insurance). Contractor’s property (both real and personal), any labor, materials, Inputs and equipment furnished by obligations in this Section 15.1 are further conditioned upon Owner giving Contractor Responsible Parties, or any representation or warranty made by Contractor in any Contract Document. Additionally, the Contractor agrees to assume all liabilities, attorneys’ fees and other costs incurred by Owner Indemnified Parties arising out of their efforts to enforce the indemnification provisions of this Section. The indemnification obligations of Contractor provided for herein shall apply irrespective prompt notice of any partial or contributed negligence or alleged partial or contributed negligence known claims for which it seeks indemnity hereunder (along with documentation which reasonably evidences Contractor’s responsibility thereof) and Owner providing such assistance and cooperation in the defense of Owner, except to the extent, if any, that the provisions of Section 5-322.1 of the New York General Obligations Law require otherwise. indemnified claims as Contractor shall nevertheless remain liable hereunder on account of reasonably request as set forth in more detail in Section 15.5. [**] “[**]” in this Exhibit 10.01 indicates material that has been omitted pursuant to a request for confidential treatment and filed separately with the negligence of a party other than Owner whether or not Owner is partially negligentSecurities and Exchange Commission. The indemnification obligations of Contractor provided for herein shall in all events survive performance of the other obligations of Contractor under this Contract and shall survive termination of this Contract for any reason. Such indemnification shall also include any claims arising under right- of-way agreements, licenses or any other forms of contracts or permits which Owner has relating Execution Version Confidential Trade Secret Information—Subject to the property upon which the Work or Services to be done hereunder are performed.Restricted Procedures [**]