Indemnification of Provider. The Owner, at its expense, shall defend, indemnify and hold harmless the Provider, its agents, subcontractors and employees against any and all claims, demands, losses, expenses and judgments for personal injury, death or property damage losses due to any act or omission, arising out of or in connection with this Agreement, to the extent such claims, demands, losses, expenses or judgments were caused by the negligence or willful misconduct of the Owner, its subcontractors, employees or agents (other than the Provider). The defense, indemnification and save harmless obligation is specifically conditioned on the following: (i) the Provider providing prompt notification in writing of any such claim, demand, loss, expense or judgment when it obtains Actual Knowledge thereof; (ii) if requested by the Owner, the Owner having control of the defense, settlement and compromise of any such action, claim or demand; and (iii) the Provider cooperating at the Owner's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement.
Appears in 2 contracts
Sources: Marine Maintenance Service Agreement (Flag Telecom Holdings LTD), Marine Maintenance Service Agreement (Flag Telecom Holdings LTD)