Common use of Indemnification of the City Clause in Contracts

Indemnification of the City. The Applicant will indemnify, hold harmless and keep harmless, the City and its officers, agents and employees from and against all claims, damages, losses and expenses - including attorney's fees - arising out of or resulting from the performance of the work pursuant to this contract, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom, and is caused in whole or in part by any negligent or willful act or omission of the APPLICANT, APPLICANT'S LICENSED UTILITY CONTRACTOR (S), AND ANY SUBCONTRACTOR (S) thereof or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. In any and all claims against the City or any of its agents or employees, by any employee of the APPLICANT, APPLICANT'S LICENSED UTILITY CONTRACTOR (S), AND ANY SUBCONTRACTOR (S) thereof, any directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the APPLICANT, APPLICANT'S LICENSED UTILITY CONTRACTOR (S), AND ANY SUBCONTRACTOR (S) thereof, under Xxxxxxx'x Compensation Acts, Disability Benefits Acts or other employee benefits acts. Without limiting the foregoing, all of the provisions of Paragraph 11 shall apply without limitation to any claim or action in the nature of trespass, inverse condemnation, nuisance or similar claim or action for damage to real and/or personal property.

Indemnification of the City. The Applicant Developer hereby indemnifies and holds harmless the City, its governing body members, officers, agents, including the independent contractors, consultants and legal counsel, servants and employees thereof (hereinafter, for purposes of this section collectively referred to as the “Indemnified Parties”), against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the development of the Project, provided that the foregoing indemnification shall not be effective for any negligent acts or willful misconduct of the Indemnified Parties in fulfilling the obligations of the City or its agents as set forth in this Agreement. Except for any willful misrepresentation, gross negligence, or willful misconduct of, or breach of this Agreement by, the Indemnified Parties, the Developer will indemnifyprotect and defend the Indemnified Parties from any claim, hold harmless demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from the action or inaction of the Developer (or other persons acting on its behalf or under its direction or control) under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership and keep harmlessoperation of the Project. All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be covenants, stipulations, promises, agreements and obligations of the City and its officersnot of any governing body member, agents and employees from and against all claimsofficer, damagesagent, losses and expenses - including attorney's fees - arising out of servant or resulting from the performance of the work pursuant to this contract, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom, and is caused in whole or in part by any negligent or willful act or omission of the APPLICANT, APPLICANT'S LICENSED UTILITY CONTRACTOR (S), AND ANY SUBCONTRACTOR (S) thereof or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. In any and all claims against the City or any of its agents or employees, by any employee of the APPLICANT, APPLICANT'S LICENSED UTILITY CONTRACTOR (S), AND ANY SUBCONTRACTOR (S) thereof, any directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the APPLICANT, APPLICANT'S LICENSED UTILITY CONTRACTOR (S), AND ANY SUBCONTRACTOR (S) thereof, under Xxxxxxx'x Compensation Acts, Disability Benefits Acts or other employee benefits acts. Without limiting the foregoing, all of the provisions of Paragraph 11 shall apply without limitation to any claim or action in the nature of trespass, inverse condemnation, nuisance or similar claim or action for damage to real and/or personal propertyCity.

Indemnification of the City. The Applicant will indemnify, hold harmless and keep harmless, the City and its officers, agents and employees from and against all claims, damages, losses and expenses - including attorney's fees - arising out of or resulting from the performance of the work pursuant to this contract, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom, and is caused in whole or in part by any negligent or willful act or omission of the APPLICANT, APPLICANT'S LICENSED UTILITY CONTRACTOR (S), AND ANY SUBCONTRACTOR (S) thereof or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. In any and all claims against the City or any of its agents or employees, by any employee of the APPLICANT, APPLICANT'S LICENSED UTILITY CONTRACTOR (S), AND ANY SUBCONTRACTOR (S) thereof, any anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the APPLICANT, APPLICANT'S LICENSED UTILITY CONTRACTOR (S), AND ANY SUBCONTRACTOR (S) SUB-CONTRACTOR thereof, under Xxxxxxx'x Workers' Compensation Acts, Disability Benefits Benefit Acts or other employee benefits acts. Without limiting the foregoing, all of the provisions of Paragraph 11 13 shall apply without limitation to any claim or action in the nature of trespass, inverse condemnation, nuisance or similar claim or action for damage to real and/or personal property.