Indemnification (NOTE. If Contractor is a state agency or subdivision, as defined in section 768.28(2), F.S., pursuant to section 768.28(19), F.S., neither Party indemnifies nor insures or assumes any liability for the other Party for the other Party’s negligence):
Indemnification (NOTE. If Grantee is a state agency or subdivision, as defined in section 768.28(2), F.S., pursuant to section 768.28(19), F.S., neither Party indemnifies nor insures or assumes any liability for the other Party for the other Party’s negligence):
Indemnification (NOTE. Virginia law does not permit FW to indemnify others; cross indemnity provisions are not acceptable to FW) The Contractor covenants for itself, its employees, and subcontractors to save, defend, hold harmless and indemnify FW, and all of its elected and appointed officials, officers, current and former employees (collectively “FW” for purposes of this section) from and against any and all claims made by third parties or by FW for any and all losses, damages, injuries, fines, penalties, costs (including court costs and attorney’s fees), charges, liability, demands or exposure, however caused, resulting from, arising out of, or in any way connected with the Contractor’s acts or omissions, including the acts or omissions of its employees and/or subcontractors, in performance or nonperformance of the work called for by the Contract Documents. This duty to save, defend, hold harmless and indemnify shall survive the termination of this Contract. If, after notice by FW, the Contractor fails or refuses to fulfill its obligations contained in this section, the Contractor shall be liable for and reimburse FW for any and all expenses, including but not limited to, reasonable attorney’s fees incurred and any settlements or payments made. The Contractor shall pay such expenses upon demand by FW and failure to do so may result in such amounts being withheld from any amounts due to Contractor under this Contract.
Indemnification (NOTE. If Grantee is a state agency or subdivision, as defined in s. 768.28(2), F.S., pursuant to s. 768.28(19), F.S., neither Party indemnifies nor insures or assumes any liability for the other Party for the other Party’s negligence.)
Indemnification (NOTE. Organization must agree to this section or gift cannot be accepted)
Indemnification (NOTE. Virginia law does not permit the County to indemnify others; cross indemnity provisions are not acceptable to the County) The Contractor covenants for itself, its employees and its subcontractors to save, defend, hold harmless and indemnify the County and all of its elected and appointed officials, officers, current and former employees, agents, departments, agencies, boards and commissions (collectively the “County Indemnitees”) from and against any and all claims made by third parties for any and all losses, damages, injuries, fines, penalties, costs (including court costs and attorneys’ fees), charges, liability, demands or exposure resulting from, arising out of or in any way connected with the Contractor’s acts or omissions, including the acts or omissions of its employees and/or subcontractors, in performance or nonperformance of the Contract. This duty to save, defend, hold harmless and indemnify will survive the termination of this Contract. If the Contractor fails or refuses to fulfill its obligations contained in this section, the Contractor must reimburse the County for any and all resulting payments and expenses, including reasonable attorneys’ fees. The Contractor must pay such expenses upon demand by the County, and failure to do so may result in the County withholding such amounts from any payments to the Contractor under this Contract.
Indemnification (NOTE. Virginia law does not permit the County to indemnify others; cross indemnity provisions are not acceptable to the County) The Contractor covenants for itself, its employees and its subcontractors to save, hold harmless and indemnify the County and all of its elected and appointed officials, officers, current and former employees, agents, departments, agencies, boards and commissions (collectively the “County Indemnitees”) from and against any and all claims made by third parties for any and all losses, damages, injuries, fines, penalties, costs (including court costs and attorneys’ fees), charges, liability, demands or exposure resulting from, arising out of or in any way connected with the Contractor’s negligent acts, errors, or omissions, including the negligent acts, errors, or omissions of its employees and/or subcontractors, in performance or nonperformance of the Contract. This duty to save, hold harmless and indemnify will survive the termination of this Contract. If the Contractor fails or refuses to fulfill its obligations contained in this section, the Contractor must reimburse the County for any and all resulting payments and expenses, including reasonable attorneys’ fees. The Contractor must pay such expenses upon demand by the County, and failure to do so may result in the County withholding such amounts from any payments to the Contractor under this Contract.
Indemnification (NOTE. In accordance with paragraph 4.02, -------------------- $720,000 of the Purchase Price will be in the form of an Indemnification Note for the purpose of satisfying to the extent possible, CharterMed's, obligations if any, arising out of paragraph 12.02. On June 5, 1998, the amount of $240,000, less any amounts payable or claimed prior to that date with respect to the covenants, agreements, obligations, representations and warranties , will be paid by CML to CharterMed. On October 5, 1998, the amount of $240,000, less any amounts payable or claimed with respect to the covenants, agreements, obligations, representations and warranties prior to that date will be paid by CML to CharterMed. On August 6, 1999, the balance of the Indemnification Note with all interest earned, less any amounts payable or claimed prior to that date with respect to the covenants, agreements, obligations, representations and warranties, will be paid by CML to CharterMed. Upon notice to CharterMed specifying in reasonable detail the basis for such set-off, CML may set-off any amount to which it may be entitled under this Section 12 against amounts otherwise payable under the Indemnification Note. The exercise of such right of set-off by CML in good faith, whether or not ultimately determined to be justified, will not constitute an event of default under the Indemnification Note. Neither the exercise of nor the failure to exercise such right of set-off will constitute an election of remedies or limit CML in any manner in the enforcement of any other remedies that may be available to it. If CharterMed disagrees with the set-off, it will so notify CML within ten days of CML's notice and the matter will be referred to Xxxxxx Xxxxxxxx for its decision as provided in Section 4.05(a); and
Indemnification (NOTE. In accordance with paragraph 5.02 above, -------------------- $1,750,000 of the Purchase Price will be in the form of an Indemnification Note. Subject to Lydall's right of offset for TTII's obligations under Section 13, the Indemnification Note will be paid as follows: (i) on April 30, 1997, the amount of $500,000, (ii) on December 31, 1997, the amount of $500,000, and (iii) on June 30, 1998, the balance of the Indemnification Note including interest earned;, and
Indemnification (NOTE. Virginia does not permit the indemnification of others; cross indemnity provisions are not acceptable). The Contractor covenants for itself, its employees, and subcontractor to save, defend, hold harmless, and indemnify APS, and all of their elected and appointed officials, officers, current and former employees, agents, departments, agencies, boards, and commissions (collectively the "APS" for purposes of this section) from and against any and all claims made by third parties or by APS for any and all losses, damages, injuries, fines, penalties, costs (including court costs and attorney's fees), charges, liability, demands or exposure, however caused, resulting from, arising out of, or in any way connected with the Contractor's acts or omissions or errors in performance or nonperformance of its work called for by the Contract Documents, whether such act or omission or error is attributable to Contractor, subcontractor, any material supplier, or anyone directly or indirectly employed by them, called for by the Contract Documents. This duty to save, defend, hold harmless and indemnify shall survive the termination of this Contract. If any action or proceeding relating to the indemnification required by this section is brought against APS, then upon written notice from APS to the Contractor, Contractor shall at Contractor’s expense, resist or defend such action or proceeding by counsel approved by APS in writing, such approval not to be unreasonably withheld, but no approval of counsel shall be required where the cause of action is resisted or defended by counsel of any insurance carrier obligated to resist or defend same. If, after Notice by APS, the Contractor fails or refuses to save, defend, hold harmless and/or indemnify APS, the Contractor shall be liable for and reimburse APS for any and all expenses, including but not limited to, reasonable attorney’s fees incurred and settlements or payments made. The Contractor shall pay such expenses upon demand by APS and failure to do so may result in such amounts being withheld from any amounts due to Contractor under this Contract. Contractor understands and agrees that it is Contractor’s responsibility to provide indemnification to APS pursuant to this section. The provision of insurance, while anticipated to provide a funding source for this indemnification, is in addition to any indemnification requirements and the failure of Contractor’s insurance to fully fund any indemnification shall not relieve the Con...
