Common use of Indemnification Limitations Clause in Contracts

Indemnification Limitations. The foregoing obligation(s) of Consultant/Professional shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the District or its officers, employees, agents, or volunteers and (2) the actions of Consultant/Professional or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant/Professional to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by District of insurance certificates and endorsements required under this Agreement does not relieve Consultant/Professional from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant/Professional acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

Appears in 5 contracts

Sources: Consulting/Professional Services Agreement, Consulting/Professional Services Agreement, Consulting/Professional Services Agreement

Indemnification Limitations. The foregoing obligation(s) of Consultant/Professional shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the District or its officers, employees, agents, or volunteers volunteers; and (2) the actions or omissions of Consultant/Professional or its employees, subcontractorsubcontractors, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the The duty of Consultant/Professional to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil CodeCode section 2778. Acceptance by District of insurance certificates and endorsements required under this Agreement does not relieve Consultant/Professional from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant/Professional acknowledges agrees that its indemnification and agrees to the provisions of this Section and that it is defense obligations are a material element of considerationconsideration in this Agreement.

Appears in 2 contracts

Sources: Consulting/Professional Services Agreement, Consulting/Professional Services Agreement

Indemnification Limitations. The foregoing obligation(s) of Consultant/Professional the Independent Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the District or its officers, employees, agents, or volunteers and (2) the actions of Consultant/Professional Independent Contractor or its employees, subcontractorContractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of the law. It is understood that the duty of Consultant/Professional the Independent Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by the District of insurance certificates and endorsements required under this Agreement does not relieve Consultant/Professional Independent Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant/Professional the Independent Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

Appears in 2 contracts

Sources: General Services Agreement, General Services Agreement

Indemnification Limitations. The foregoing obligation(s) of Consultant/Professional Licensee shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the District or its officers, employees, agents, or volunteers and (2) the actions of Consultant/Professional Licensee or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant/Professional Licensee to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by District of insurance certificates and endorsements required under this Agreement License does not relieve Consultant/Professional Licensee from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this AgreementLicense, Consultant/Professional Licensee acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

Appears in 1 contract

Sources: License Agreement