Common use of Contractual Indemnity Clause in Contracts

Contractual Indemnity. To the extent provided by Section 768.28, Florida Statues, WCSB shall indemnify, defend, and hold harmless Triumph and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by WCSB, its agents, or employees, during the performance of the Agreement, except that neither WCSB, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by Triumph or any of its officers, agents, or employees during the performance of the Agreement. Nothing in this Agreement shall be construed as a waiver by WCSB of any sovereign immunity protections that may be provided by Section 768.28, Florida Statutes. When Triumph receives a notice of claim for damages that may have been caused by WCSB in the performance of services required under this Agreement, Triumph will immediately forward the claim to WCSB. WCSB and Triumph will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, Triumph will determine whether to require the participation of WCSB in the defense of the claim or to require that WCSB defend Triumph in such claim as described in this Section 9.4. Triumph's failure to promptly notify WCSB of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by WCSB. Triumph and WCSB will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial.

Contractual Indemnity. To the extent provided allowed by Section 768.28, Florida Statues, WCSB the County shall indemnify, defend, and hold harmless Triumph and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by WCSBthe County, its agents, or employees, during the performance of the Agreement, except that neither WCSBthe County, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by Triumph or any of its officers, agents, or employees during the performance of the Agreement. Nothing in this Agreement shall be construed as a waiver by WCSB the County of any sovereign immunity protections that may be provided by Section 768.28, Florida Statutes. When Triumph receives a notice of claim for damages that may have been caused by WCSB the County in the performance of services required under this Agreement, Triumph will immediately forward the claim to WCSBthe County. WCSB The County and Triumph will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, Triumph will determine whether to require the participation of WCSB the County in the defense of the claim or to require that WCSB the County defend Triumph in such claim as described in this Section 9.410.4. Triumph's failure to promptly notify WCSB the County of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by WCSBthe County. Triumph and WCSB the County will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial.

Contractual Indemnity. To the extent provided by Section 768.28, Florida Statues, WCSB FCSB shall indemnify, defend, and hold harmless Triumph and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by WCSBFCSB, its agents, or employees, during the performance of the Agreement, except that neither WCSBFCSB, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by Triumph or any of its officers, agents, or employees during the performance of the Agreement. Nothing in this Agreement shall be construed as a waiver by WCSB FCSB of any sovereign immunity protections that may be provided by Section 768.28, Florida Statutes. When Triumph receives a notice of claim for damages that may have been caused by WCSB FCSB in the performance of services required under this Agreement, Triumph will immediately forward the claim to WCSBFCSB. WCSB FCSB and Triumph will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, Triumph will determine whether to require the participation of WCSB FCSB in the defense of the claim or to require that WCSB FCSB defend Triumph in such claim as described in this Section 9.410.4. Triumph's failure to promptly notify WCSB FCSB of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by WCSBFCSB. Triumph and WCSB FCSB will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. Triumph may, in addition to other remedies available to it at law or equity and upon notice to FCSB, retain such monies from Grant amounts due FCSB hereunder as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them.

Contractual Indemnity. To the extent provided by Section 768.28, Florida Statues, WCSB the Authority shall indemnify, defend, and hold harmless Triumph and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by WCSBthe Authority, its agents, or employees, during the performance of the Agreement, except that neither WCSBthe Authority, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by Triumph or any of its officers, agents, or employees during the performance of the Agreement. Nothing in this Agreement shall be construed as a waiver by WCSB the Authority of any sovereign immunity protections that may be provided by Section 768.28, Florida Statutes. When Triumph receives a notice of claim for damages that may have been caused by WCSB the Authority in the performance of services required under this Agreement, Triumph will immediately forward the claim to WCSBthe Authority. WCSB The Authority and Triumph will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, Triumph will determine whether to require the participation of WCSB the Authority in the defense of the claim or to require that WCSB the Authority defend Triumph in such claim as described in this Section 9.4section. Triumph's failure to promptly notify WCSB the Authority of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by WCSBAuthority. Triumph and WCSB the Authority will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial.