Contract Indemnification. 19.2.1 Grantee’s contracts shall require the other party to such contract that is not a unit of local government as defined in ORS 190.003, if any, to indemnify, defend, save, and hold harmless the State of Oregon, the Oregon Transportation Commission and its members, and the Oregon Department of Transportation, and its officers, agents and employees, from and against any and all claims, suits, actions, liabilities, damages, losses, cost and expenses, including attorneys’ fees, of any nature whatsoever resulting from, arising out of or relating to, in whole or in part, by the negligent or willful acts or omissions of the other party to ▇▇▇▇▇▇▇’s contract or any of such party’s officers, agents, employees or subcontractors (“Claims”). It is the specific intention of the Parties that ODOT shall in all instances, except for Claims arising solely from the negligent or willful acts or omissions of ODOT, be indemnified by the other party to ▇▇▇▇▇▇▇’s contracts from and against any and all Claims. 19.2.2 Any such indemnification shall also provide that neither Grantee’s contractors nor any subcontractors, nor any attorney engaged by ▇▇▇▇▇▇▇’s contractors or subcontractors shall defend any claim in the name of ODOT or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State may, at any time at its election, assume its own defense and settlement in the event that it determines that ▇▇▇▇▇▇▇’s contractors or subcontractors is prohibited from defending the State, or that ▇▇▇▇▇▇▇’s contractors or subcontractors is not adequately defending the State’s interests, or that an important governmental principle is at issue or that it is in the best interests of the State to do so. The State reserves all rights to pursue claims it may have against ▇▇▇▇▇▇▇’s contractors or subcontractors if the State of Oregon elects to assume its own defense. 19.2.3 Grantee shall include provisions in each of its contracts requiring its contractors or subcontractors to comply with the indemnification requirements within this Contract Indemnification section.
Appears in 1 contract
Sources: Grant Agreement
Contract Indemnification. 19.2.1 Grantee’s contracts i. Recipient's contracts(s) shall require the other party to such contract contract(s) that is not a unit of local government as defined in ORS 190.003, if any, to indemnify, defend, save, save and hold harmless the State of Oregon, the Oregon Transportation Commission and its membersCommission, and the Oregon Department of Transportation, Transportation and its their officers, members, employees and agents and employees, from and against any and all claims, suits, actions, liabilities, damages, losses, cost and or expenses, including attorneys’ ' fees, of any nature whatsoever resulting from, from arising out of or relating related to, in whole or in part, by the negligent or willful acts or omissions of the other party to ▇▇▇▇▇▇▇’s Recipient's contract or any of such party’s 's officers, agents, employees or subcontractors (“"Claims”"). It is the specific intention of the Parties that ODOT shall the State shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of ODOTthe State, be indemnified by the other party to ▇▇▇▇▇▇▇’s contracts Recipient's contract(s) from and against any and all Claims.
19.2.2 ii. Any such indemnification shall also provide that neither Grantee’s contractors Recipient's subrecipient(s), contractor(s) nor any subcontractorssubcontractor(s) (collectively "Contractor"), nor any attorney engaged by ▇▇▇▇▇▇▇’s contractors or subcontractors Recipient's contractor(s), shall defend any claim in the name of ODOT the State or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State may, at any time at its election, assume its own defense and settlement in the event that it determines that ▇▇▇▇▇▇▇’s contractors or subcontractors Recipient's contractor is prohibited from defending the State, State or that ▇▇▇▇▇▇▇’s contractors or subcontractors Recipient's contractor is not adequately defending the State’s 's interests, or that an important governmental principle is at issue or that it is in the best interests of the State to do so. The State reserves all rights to pursue claims it may have against ▇▇▇▇▇▇▇’s contractors or subcontractors Recipient's contractor if the State of Oregon elects to assume its own defense.
19.2.3 Grantee iii. Recipient shall include provisions in each of its contracts requiring its contractors or subcontractors contractor(s) to comply with the indemnification requirements within this Contract Indemnification section.
Appears in 1 contract
Sources: Grant Agreement
Contract Indemnification. 19.2.1 Grantee’s contracts i. To the fullest extent permitted by law, and except to the extent otherwise void under ORS 30.140, Agency shall require the other party to such contract each of its contractors that is are not a unit units of local government as defined in ORS 190.003, if any, to indemnify, defend, save, save and hold harmless the State of Oregon, the Oregon Transportation Commission and its membersCommission, and the Oregon Department of Transportation, Transportation and its their respective officers, members, employees and agents and employees, from and against any and all claims, suits, actions, liabilitieslosses, damages, lossesliabilities, cost costs and expenses, including attorneys’ fees, expenses of any nature whatsoever resulting from(hereinafter, arising out of or relating to, in whole or in part, by the negligent or willful acts or omissions of the other party referred to ▇▇▇▇▇▇▇’s contract or any of such party’s officers, agents, employees or subcontractors (individually and collectively as “Claims”). It is ) to the specific intention of extent such Claims result from, arise out of, or relate to the Parties that ODOT shall in all instances, except for Claims arising solely from the negligent or willful acts activities or omissions and fault of ODOTAgency’s contractor, be indemnified by subcontractor(s), or their respective officers, employees, or agents under the other party resulting contract or otherwise related to ▇▇▇▇▇▇▇’s contracts from and against any and all Claimsthe project.
19.2.2 ii. Any such indemnification shall also provide that Agency’s contractor shall ensure that neither Grantee’s contractors nor any subcontractors, Agency's contractor(s) or its subcontractor(s) nor any attorney engaged by ▇▇▇▇▇▇▇’s contractors any Agency contractor or subcontractors subcontractor shall defend any claim in the name of ODOT the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon may, at any time at its election, election assume its own defense and settlement in the event that it determines that ▇▇▇▇▇▇▇’s contractors any Agency contractor or subcontractors subcontractor is prohibited from defending the StateState of Oregon, or that ▇▇▇▇▇▇▇’s contractors any Agency contractor or subcontractors subcontractor is not adequately defending the State’s State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue claims it may have against ▇▇▇▇▇▇▇’s contractors or subcontractors Agency's contractor(s) and subcontractor(s) if the State of Oregon elects to assume its own defense.
19.2.3 Grantee shall include provisions in each of its contracts requiring its contractors or subcontractors to comply with the indemnification requirements within this Contract Indemnification section.
Appears in 1 contract
Sources: Local Agency Agreement
Contract Indemnification. 19.2.1 Grantee’s contracts shall require the other party to such contract that is not a unit of local government as defined in ORS 190.003, if any, to indemnify, defend, save, and hold harmless the State of Oregon, the Oregon Transportation Commission and its members, and the Oregon Department of Transportation, and its officers, agents and employees, from and against any and all claims, suits, actions, liabilities, damages, losses, cost and expenses, including attorneys’ fees, of any nature whatsoever resulting from, arising out of or relating to, in whole or in part, by the negligent or willful acts or omissions of the other party to ▇▇▇▇▇▇▇’s contract or any of such party’s officers, agents, employees or subcontractors (“Claims”). It is the specific intention of the Parties that ODOT shall in all instances, except for Claims arising solely from the negligent or willful acts or omissions of ODOT, be indemnified by the other party to ▇▇▇▇▇▇▇’s contracts from and against any and all Claims.
19.2.2 Any such indemnification shall also provide that neither Grantee▇▇▇▇▇▇▇’s contractors nor any subcontractors, nor any attorney engaged by ▇▇▇▇▇▇▇’s contractors or subcontractors shall defend any claim in the name of ODOT or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State may, at any time at its election, assume its own defense and settlement in the event that it determines that ▇▇▇▇▇▇▇’s contractors or subcontractors is prohibited from defending the State, or that ▇▇▇▇▇▇▇’s contractors or subcontractors is not adequately defending the State’s interests, or that an important governmental principle is at issue or that it is in the best interests of the State to do so. The State reserves all rights to pursue claims it may have against ▇▇▇▇▇▇▇’s contractors or subcontractors if the State of Oregon elects to assume its own defense.
19.2.3 Grantee shall include provisions in each of its contracts requiring its contractors or subcontractors to comply with the indemnification requirements within this Contract Indemnification section.
Appears in 1 contract
Sources: Grant Agreement