Common use of Other Indemnity Clause in Contracts

Other Indemnity. The addition to this Agreement of any Indemnitor, including any entities acquired after the date of execution of this Agreement, may be effected by written amendment executed by such lndemnitor only, notwithstanding any language herein to the contrary. The lndemnitors and Principals shall continue to remain bound under the terms of the Agreement, Other Agreements, and any other agreements containing indemnity obligations, even though the Surety may from time to time heretofore or hereafter, with or without notice to or knowledge of the lndemnitors and Principals, accept, release, or reduce any indemnity obligations or collateral of current or future lndemnitors and Principals for any reason. The lndemnitors and Principals expressly waive notice from the Surety of any such action and, furthermore, it is explicitly understood and agreed by the lndemnitors and Principals that any and all other rights which the Surety may have or acquire against the lndemnitors and Principals and/or others under any such agreements or additional agreements or collateral shall be in addition to, and not in lieu of, the rights afforded the Surety under this Agreement. No lndemnitor shall make any defense to the enforcement of this Agreement based on the execution of Other Agreements or related to the addition or the release of any Indemnitor, and each lndemnitor explicitly confirms its joint and several liability for Bonds issued by the Surety as provided in this Agreement. SEVENTEENTH: INVALIDITY – Invalidity of any provision of this Agreement by reason of the laws of any jurisdiction shall not render the other provisions hereof invalid. In case any of the parties set forth in this Agreement fail to execute the same, or in case the execution hereof by any of the parties be defective or invalid for any reason, including lack of authority to bind any party, such failure, defect or invalidity shall not in any manner affect the validity of this Agreement or the liability hereunder of any of the parties executing the same, but each and every party so executing shall be and remain fully bound and liable hereunder to the same extent as if such failure, defect or invalidity had not existed. Each party agrees to execute promptly any documentation necessary to cure any such failure, defect or invalidity. It is understood and agreed by the lndemnitors and Principals that the rights, powers, and remedies given the Surety under this Agreement shall be and are in addition to, and not in lieu of, any and all other rights, powers, and remedies which the Surety may have or acquire against the lndemnitors and Principals or others whether by the terms of any other agreement or by operation of law or otherwise. EIGHTEENTH: ATTORNEY–IN–FACT – The lndemnitors and Principals hereby irrevocably nominate, constitute, appoint and designate the Surety as their attorney–in–fact with the full right and authority, but not the obligation, to exercise all the rights of the lndemnitors and Principals assigned, transferred and set over to the Surety in this Agreement, with full power and authority to execute on behalf of and sign the name of any lndemnitor and/or Principal to any voucher, financing statement, release, satisfaction, check, xxxx of sale of all or any property by this Agreement assigned to the Surety, or other documents or papers deemed necessary and proper by the Surety in order to give full effect not only to the intent and meaning of the within assignments, but also to the full protection intended to be herein given to the Surety under all other provisions of this Agreement. The lndemnitors and Principals hereby ratify and confirm all acts and actions taken and done by the Surety as such attorney–in–fact and agree to protect and hold harmless the Surety for acts herein granted as attorney–in–fact.

Other Indemnity. The addition to this Agreement of any Indemnitor, including any entities acquired after Principals and the date of execution of this Agreement, may be effected by written amendment executed by such lndemnitor only, notwithstanding any language herein to the contrary. The lndemnitors and Principals Indemnitors shall continue to remain bound under the terms of the Agreement, Other Agreements, and any other agreements containing indemnity obligations, this Agreement even though the Surety may have from time to time heretofore or hereafter, with or without notice to or knowledge of the lndemnitors Principals and Principalsthe Indemnitors, accept, release, accepted or reduce any indemnity obligations released other agreements of Indemnity or collateral in connection with the execution or procurement of current or future lndemnitors and Principals for any reason. The lndemnitors and Principals expressly waive notice the Bonds, from the Surety of any such action and, furthermorePrincipals or Indemnitors and/or others, it is explicitly being expressly understood and agreed by the lndemnitors Principals and Principals the Indemnitors that any and all other rights which the Surety may have or acquire against the lndemnitors Principals and Principals the Indemnitors and/or others under any such agreements other or additional agreements of indemnity or collateral shall be in addition to, and not in lieu of, the rights afforded the Surety under this Agreement. No lndemnitor shall make any defense to the enforcement of this Agreement based on the execution of Other Agreements or related to the addition or the release of any Indemnitor, and each lndemnitor explicitly confirms its joint and several liability for Bonds issued by the Surety as provided in this Agreement. SEVENTEENTH: INVALIDITY – Invalidity of any provision of this Agreement by reason of the laws of any jurisdiction shall not render the other provisions hereof invalid. - In case any of the parties set forth mentioned in this Agreement fail to execute the same, or in case the execution hereof by any of the parties be defective or invalid for any reason, including lack of authority to bind any party, such failure, defect or invalidity shall not in any manner affect the validity of this Agreement or the liability hereunder of any of the parties executing the same, but each and every party so executing shall be and remain fully bound and liable hereunder to the same extent as if such failure, defect or invalidity had not existed. Each party agrees to execute promptly any documentation necessary to cure any such failure, defect or invalidity. It is understood and agreed by the lndemnitors Principals and Principals Indemnitors that the rights, powers, and remedies given the Surety under this Agreement shall be and are in addition to, and not in lieu of, any and all other rights, powers, and remedies which the Surety may have or acquire against the lndemnitors Principals and Principals Indemnitors or others whether by the terms of any other agreement or by operation of law or otherwise. EIGHTEENTH: ATTORNEY–IN–FACT – The lndemnitors and Principals hereby irrevocably nominate, constitute, appoint and designate the Surety as their attorney–in–fact with the full right and authority, but not the obligation, to exercise all the rights of the lndemnitors and Principals assigned, transferred and set over to the Surety in this Agreement, with full power and authority to execute on behalf of and sign the name of any lndemnitor and/or Principal to any voucher, financing statement, release, satisfaction, check, xxxx of sale of all or any property by this Agreement assigned to the Surety, or other documents or papers deemed necessary and proper by the Surety in order to give full effect not only to the intent and meaning of the within assignments, but also to the full protection intended to be herein given to the Surety under all other provisions of this Agreement. The lndemnitors and Principals hereby ratify and confirm all acts and actions taken and done by the Surety as such attorney–in–fact and agree to protect and hold harmless the Surety for acts herein granted as attorney–in–fact.

Other Indemnity. The addition to this Agreement of any Indemnitor, including any entities acquired after the date of execution of this Agreement, may be effected by written amendment executed by such lndemnitor only, notwithstanding any language herein to the contrary. The lndemnitors SIXTEENTH: Contractors and Principals Indemnitors shall continue to remain bound under the terms of the Agreement, Other Agreements, and any other agreements containing indemnity obligations, this Agreement even though the Surety may have from time to time heretofore before or hereafterafter the execution of this Agreement, with or without notice to or knowledge of the lndemnitors Contractors and PrincipalsIndemnitors, accept, release, accepted or reduce any released other agreements of indemnity obligations or collateral in connection with the execution or procurement of current the Bonds, from Contractors or future lndemnitors and Principals for any reason. The lndemnitors and Principals expressly waive notice from the Surety of any such action and, furthermoreIndemnitors or others, it is explicitly being expressly understood and agreed by the lndemnitors Contractors and Principals the Indemnitors that any and all other rights which the Surety may have or acquire against the lndemnitors Contractors and Principals the Indemnitors and/or others under any such agreements other or additional agreements of indemnity or collateral shall be in addition to, and not in lieu of, the rights afforded the Surety under this Agreement. No lndemnitor shall make any defense to the enforcement GLDD General Agreement of this Agreement based on the execution of Other Agreements or related to the addition or the release of any Indemnitor, and each lndemnitor explicitly confirms its joint and several liability for Bonds issued by the Surety as provided in this Agreement. Indemnity - ACE INVALIDITY SEVENTEENTH: INVALIDITY – Invalidity of any provision of this Agreement by reason of the laws of any jurisdiction shall not render the other provisions hereof invalid. In case any of the parties set forth mentioned in this Agreement fail to execute the same, or in case the execution hereof by any of the parties be defective or invalid for any reason, including lack of authority to bind any party, such failure, defect or invalidity shall not in any manner affect the validity of this Agreement or the liability hereunder of any of the parties executing the same, but each and every party so executing shall be and remain fully bound and liable hereunder to the same extent as if such failure, defect or invalidity had not existed. Each party agrees to execute promptly any documentation necessary to cure any such failure, defect or invalidity. It is understood and agreed by the lndemnitors Contractors and Principals Indemnitors that the rights, powers, and remedies given the Surety under this Agreement shall be and are in addition to, and not in lieu of, any and all other rights, powers, and remedies which the Surety may have or acquire against the lndemnitors Contractors and Principals Indemnitors or others whether by the terms of any other agreement or by operation of law or otherwise. ATTORNEY IN FACT EIGHTEENTH: ATTORNEY–IN–FACT – The lndemnitors Contractors and Principals Indemnitors hereby irrevocably nominate, constitute, appoint and designate the Surety as their attorney–-in–fact -fact, with the full right and authorityright, but not the obligation, to exercise all of the rights of the lndemnitors Contractors and Principals Indemnitors assigned, transferred and set over to the Surety in this Agreement, with full power and authority to execute on behalf of and sign in the name of Contractors and Indemnitors to make, execute, and deliver any lndemnitor and/or Principal to any voucher, financing statement, release, satisfaction, check, xxxx of sale of and all or any property by this Agreement assigned to the Surety, additional or other assignments, documents or papers deemed necessary and proper by the Surety in order to give full effect not only to the intent and meaning of the within assignmentsassignments in this Agreement, but also to the full protection intended to be herein given to the Surety under all other provisions of this Agreement. The lndemnitors Contractors and Principals Indemnitors hereby ratify and confirm all acts and actions taken and done by the Surety as such attorney–-in–fact and agree to protect and hold harmless the Surety for acts herein granted as attorney–in–-fact.