Indemnity by End User. Subject to Clause 8.3, the End User is solely liable for and releases, indemnifies and will keep indemnified Aurizon Network, its directors and Aurizon Network’s Staff against all Claims of any nature suffered or incurred by or made or brought against Aurizon Network, its directors or Aurizon Network’s Staff due to or arising out of this Agreement in respect of any loss of or damage to or destruction of real or personal property (including property of Aurizon Network) or personal injury to or death of any person in each case caused by or (to the extent of the contribution) contributed to by the wilful default or any deliberate or negligent act or omission of the End User or End User’s Staff.
Indemnity by End User. Subject to Clause 8.3, the End User is solely liable for and releases, indemnifies and will keep indemnified QR Network, its directors and QR Network’s Staff against all Claims of any nature suffered or incurred by or made or brought against QR Network, its directors or QR Network’s Staff due to or arising out of this Agreement or a Train Operations Agreement in respect of any loss of or damage to or destruction of real or personal property (including property of QR Network) or personal injury to or death of any person in each case caused by or (to the extent of the contribution) contributed to by the wilful default or any deliberate or negligent act or omission of the End User or End User’s Staff.
Indemnity by End User for personal injury and property damage Subject to clause 20, the End User is solely liable for, and releases, indemnifies and will keep indemnified Aurizon Network, its directors and Aurizon Network’s Staff against, all Claims of any nature suffered or incurred by, or made or brought against, Aurizon Network, its directors or Aurizon Network’s Staff in respect of:
Indemnity by End User. End User shall, at its own expense, defend or settle any claim, suit or proceeding (“Claim”) that is instituted against KDDIA (i) by a third party to the extent such Claim alleges injury or damage caused by End User or by the negligence, intentional wrongful acts, misrepresentations, or omissions when there is a duty to act, of End User or any person for whose actions End User is legally liable; (ii) by a third party based upon any claims; warranties or representations made by End User which differ from written documentation provide by KDDIA; or (iii) by a government entity as a result of End User’s breach of any law or regulation. End User shall pay all damages awarded against KDDIA or agreed upon in settlement by End User. This indemnity is conditioned upon KDDIA (i) giving End User prompt notice in writing of such Claim or threat thereof; (ii) giving End User sole control and full authority to defend and/or settle such claim using counsel of the End User’s choice; and (iii) giving End User all the needed information and assistance, at the End User’s expense, to enable the End User to defend or settle such Claim. KDDIA may select and retain its own counsel and/or participate in the defense of any such Claim, but does so at its own expense.
Indemnity by End User. End-User will, to the fullest extent permitted by Applicable Law, indemnify Virtual Crash and its officers, directors, shareholders, employees and agents and their respective successors and assigns (collectively, the “Virtual Crash Indemnified Parties”) against and hold the Virtual Crash Indemnified Parties harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees in connection with investigating, defending, or settling any claim relating to or arising out of any acts or omissions on the part of End- User which give rise to claims against Virtual Crash Indemnified Parties by third parties (unaffiliated with Virtual Crash), provided any final settlement shall require Virtual Crash’s consent (which shall not be unreasonably withheld) if the final settlement or compromise does not provide for the unconditional and full release of the Virtual Crash Indemnified Parties or if the final settlement or compromise requires the specific performance of Virtual Crash Indemnified Parties. In all events, Virtual Crash shall have the right to participate in the defense of any such suit or proceeding through counsel of its own choosing at Virtual Crash’s own cost.
Indemnity by End User. Subject to Clause 8.3, the End User is solely liable for and releases, indemnifies and will keep indemnified QRAurizon Network, its directors and QRAurizon Network’s Staff against all Claims of any nature suffered or incurred by or made or brought against QRAurizon Network, its directors or QRAurizon Network’s Staff due to or arising out of this Agreement or a Train Operations Agreement in respect of any loss of or damage to or destruction of real or personal property (including property of QRAurizon Network) or personal injury to or death of any person in each case caused by or (to the extent of the contribution) contributed to by the wilful default or any deliberate or negligent act or omission of the End User or End User’s Staff.
Indemnity by End User. Subject to Clause 8.3, the End User is solely liable for and releases, indemnifies and will keep indemnified QR Network, its directors and QR Network’s Staff against all Claims of any nature suffered or incurred by or made or brought against QR Network, its directors or QR Network’s Staff due to or arising out of this Agreement in respect of any loss of or damage to or destruction of real or personal property (including property of QR Network) or personal injury to or death of any person in each case caused by or (to the extent of the contribution) contributed to by the wilful default or any deliberate or negligent act or omission of the End User or End User’s Staff. For clarification, nothing in this clause 8.1 requires the End User to indemnify QR Network for an act or omission of an Operator.
