Common use of Indemnification and Waivers Clause in Contracts

Indemnification and Waivers. To the fullest extent permitted by law, Contractor shall, at Contractor’s sole cost and expense, indemnify, defend and hold Owner Entities free and harmless for, from and against any and all claims arising from: (i) any Personal Injury, Bodily Injury or Property Damage whatsoever occurring as a result of or arising out of the Contractor Parties’ performance of the Contract including loss of use resulting therefrom regardless of whether such claim or damage, loss or expense resulting or arising out of such claim is caused in part by a party indemnified hereunder. Such obligation on the Contractor shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist to a party or person described herein; (ii) any Bodily Injury to an employee of Contractor Parties arising out of and in the course of employment of the employee and occurring in connection with the project that is the subject of the Contract; (iii) subject to the waiver of subrogation provisions of this Exhibit, any negligent act, error, or omission of any of the Contractor Parties in, on or about the project that is the subject of the Contract; (iv) the violation of or failure to comply with applicable statute, ordinance, order, rule, regulation or requirement of any governmental or regulatory authority having jurisdiction; (v) any breach, violation or non-performance of any term, condition, covenant or other obligation of Contractor under this Exhibit or the Contract; (vi) any misrepresentation made by Contractor in connection with the Agreement; (vii) any failure by Contractor to pay third parties as and when due for labor and/or materials furnished to Contractor in connection with Contractor's duties under the Contract; or (viii) any liens, stop notices or encumbrances arising out of work performed or materials furnished by or for Contractor under the Contract, provided, however, this shall not be applicable as to any lien caused by Owner’s failure to timely pay amounts due Contractor.

Indemnification and Waivers. A. To the fullest extent permitted by law, Contractor shall, at Contractor’s sole cost and expense, indemnify, defend and hold Owner Entities free and harmless for, from and against any and all claims arising from: (i) any Personal Injury, Bodily Injury or Property Damage whatsoever occurring as a result of or arising out of the Contractor Parties’ performance of the Contract including loss of use resulting therefrom regardless of whether such claim or damage, loss or expense resulting or arising out of such claim is caused in part by a party indemnified hereunder. Such obligation on the Contractor shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist to a party or person described herein; (ii) any Bodily Injury to an employee of Contractor Parties arising out of and in the course of employment of the employee and occurring in connection with the project that is the subject of the Contract; (iii) subject to the waiver of subrogation provisions of this Exhibit, any negligent act, error, or omission of any of the Contractor Parties in, on or about the project that is the subject of the Contract; (iv) the violation of or failure to comply with applicable statute, ordinance, order, rule, regulation or requirement of any governmental or regulatory authority having jurisdiction; (v) any breach, violation or non-performance of any term, condition, covenant or other obligation of Contractor under this Exhibit or the Contract; (vi) any misrepresentation made by Contractor in connection with the Agreement; (vii) any failure by Contractor to pay third parties as and when due for labor and/or materials furnished to Contractor in connection with Contractor's duties under the Contract; or (viii) any liens, stop notices or encumbrances arising out of work performed or materials furnished by or for Contractor under the Contract, provided, however, this shall not be applicable as to any lien caused by Owner’s failure to timely pay amounts due Contractor. B. Notwithstanding anything in the preceding paragraph to the contrary, the scope of Contractor’s indemnity shall not apply to claims arising from the solely negligent, grossly negligent or willful act or omission of any of the indemnified Owner Entities. C. The Owner, at the Owner’s discretion may defend his title against any claims of ▇▇▇▇▇▇▇▇’s Lien or Stop Notices and the Contractor shall indemnify and hold harmless the Owner from all costs and expenses, including attorney’s fees arising out of such liens or Stop Notices. D. The provisions of this Exhibit will survive the expiration or earlier termination of the contract until all claims involving any of the indemnified or waived matters are fully and finally barred by the applicable statute of limitations.