Common use of INDEMNITY AND HOLD HARMLESS Clause in Contracts

INDEMNITY AND HOLD HARMLESS. The Construction Manager shall hold harmless and indemnify the Owner, its agents and employees from and against any and all losses, damages, claims made by third parties, liabilities to third parties, litigation and other matters which may arise from, be caused, or result during or as a result of any act or omission of the Construction Manager, the performance of the Agreement, or breach of performance of the Agreement by the Construction Manager, or the performance or failure of performance of any product or service furnished by the Construction Manager under this Agreement with the Owner, or in any way or manner whatsoever related to any duty imposed on the Construction Manager related to, occurring during, or rising from the construction and subsequent occupancy of the Project. This hold harmless and indemnification provision shall include a duty to defend the Owner and to pay all reasonable attorneys’ fees and expenses, including administrative and on appeal, incurred by the Owner in the defense of any matter covered by this provision. This hold harmless and indemnity shall survive the termination or expiration of this Agreement. The parties acknowledge that $100.00 of the Owner’s first payment to the Construction Manager shall be in consideration for this indemnification. This indemnity shall not be deemed to include matter which may be cause or results from an act or omission of the Owner in whole or in part.

INDEMNITY AND HOLD HARMLESS. The Construction Manager shall hold harmless and indemnify the Owner, its agents and employees from and against any and all losses, damages, claims made by third parties, liabilities to third parties, litigation and other matters which may arise from, be caused, or result during or as a result of any act or omission of the Construction Manager, the performance of the Agreement, or breach of performance of the Agreement by the Construction Manager, or the performance or failure of performance of any product or service furnished by the Construction Manager under this Agreement with the Owner, or in any way or manner whatsoever related to any duty imposed on the Construction Manager related to, occurring during, or rising from the construction and subsequent occupancy of the Project. This hold harmless and indemnification provision shall include a duty to defend the Owner and to pay all reasonable attorneys’ fees and expenses, including administrative and on appeal, incurred by the Owner in the defense of any matter covered by this provision. This hold harmless and indemnity shall survive the termination or expiration of this Agreement. The parties acknowledge that $100.00 of the Owner’s first payment to the Construction Manager shall be in consideration for this indemnification. This indemnity shall not be deemed to include matter matters which may be cause caused or results result from an act or omission of the Owner in whole or in partOwner.

INDEMNITY AND HOLD HARMLESS. The Construction Manager Design-Build Firm shall hold harmless and indemnify the Owner, its agents and employees from and against any and all losses, damages, claims made by third parties, liabilities to third parties, litigation and other matters which may arise from, be caused, or result during or as a result of any act or omission of the Construction ManagerDesign-Build Firm, the performance of the Agreement, or breach of performance of the Agreement by the Construction ManagerDesign-Build Firm, or the performance or failure of performance of any product or service furnished by the Construction Manager Design-Build Firm under this Agreement with the Owner, or in any way or manner whatsoever related to any duty imposed on the Construction Manager Design-Build Firm related to, occurring during, or rising from the construction and subsequent occupancy of the Project. This hold harmless and indemnification provision shall include a duty to defend the Owner and to pay all reasonable attorneys’ fees and expenses, including administrative and on appeal, incurred by the Owner in the defense of any matter covered by this provision. This hold harmless and indemnity shall survive the termination or expiration of this Agreement. The parties acknowledge that $100.00 of the Owner’s first payment to the Construction Manager Design-Build Firm shall be in consideration for this indemnification. This indemnity shall not be deemed to include matter which may be cause or results from an act or omission of the Owner in whole or in part.