Common use of Indemnification by the State Clause in Contracts

Indemnification by the State. The State will indemnify, defend and hold harmless the LEP Indemnitees from and against any and all Losses, to the extent arising, directly or indirectly, from or in connection with (i) any breach by the State of its obligations, covenants, representations or warranties contained in any Contract Document; (ii) any negligent actions or negligent omissions by the State or a State Person in connection with State’s performance of the Contract Documents; (iii) any Hazardous Materials introduced onto, or Environmental Condition created at, a Covered Facility other than by LEP or a LEP Person, including the Excluded Environmental Conditions; or (iv) any claims arising from or based on the violation by the State or a State Person of Applicable Legal Requirements in connection with the performance of State’s obligations under the Contract Documents. Notwithstanding any provision to the contrary, if there is joint, concurrent or contributing fault, negligence, gross negligence or intentional misconduct by LEP or any LEP Indemnitee, as determined through a final adjudication, including any appeals, then the State’s indemnity obligations hereunder will be limited to the proportionate fault of the State or any State Persons.

Indemnification by the State. The State will indemnify, defend and hold harmless the LEP LAEP Indemnitees from and against any and all Losses, to the extent arising, directly or indirectly, from or in connection with (i) any breach by the State of its obligations, covenants, representations or warranties contained in any Contract Document; (ii) any negligent actions or negligent omissions by the State or a State Person in connection with State’s performance of the Contract Documents; (iii) any Hazardous Materials introduced onto, or Environmental Condition created at, a Covered Facility other than by LEP LAEP or a LEP LAEP Person, including the Excluded Environmental Conditions; or (iv) any claims arising from or based on the violation by the State or a State Person of Applicable Legal Requirements in connection with the performance of State’s obligations under the Contract Documents. Notwithstanding any provision to the contrary, if there is joint, concurrent or contributing fault, negligence, gross negligence or intentional misconduct by LEP LAEP or any LEP LAEP Indemnitee, as determined through a final adjudication, including any appeals, then the State’s indemnity obligations hereunder will be limited to the proportionate fault of the State or any State Persons.