Common use of Insurance, Indemnification and Liability Clause in Contracts

Insurance, Indemnification and Liability. (a) Participant shall pay for, maintain and keep in full force and effect the appropriate insurance concerning the operations and liabilities of the participant relevant to this agreement, including but not limited to, vehicle insurance and workers compensation insurance as required in Chapter 58 of TLC Rules. Neither the City nor its officials nor its employees shall be responsible to Medallion Owner/Agent, any vehicle owner, or any of their respective agents, employees, contractors, drivers, passengers, pedestrians or to any other party, in the event of any injuries, damages, losses or liabilities arising out of the pilot project or this Agreement, including but not limited to any personal injury or property damage. The Medallion Owner/Agent shall be solely responsible for all physical injuries or death to its agents, servants, or employees or to any other person or damages to any property sustained during its work on the pilot project under this Agreement resulting from any act of omission or commission or error in judgment of any of its officers, trustees, employees, agents, servants, or independent contractors. To the fullest extent permitted by Law, the Medallion Owner/Agent shall defend, indemnify, and hold harmless the City, including its officials and employees, against any and all claims (even if the allegations of the claim are without merit), judgments for damages on account of any injuries or death to any person or damage to any property, and costs and expenses to which the City or its officials or employees, may be subject to or which they may suffer or incur allegedly arising out of any of the operations of the Medallion Owner/Agent and/or any of its officers, trustees, employees, agents, servants, and independent contractors under this Agreement to the extent resulting from any negligent act of commission or omission, any intentional tortious act, and/or the failure to comply with law or any of the requirements of this Agreement. Insofar as the facts or law relating to any of the foregoing would preclude the City or its officials or employees from being completely indemnified by the Medallion Owner/Agent, the City and its officials and employees shall be partially indemnified by the Medallion Owner/Agent to the fullest extent permitted by law. (b) To the fullest extent permitted by law, the Medallion Owner/Agent shall defend, indemnify, and hold harmless the City, including its officials and employees, against any and all claims (even if the allegations of the claim are without merit), judgments for damages, and costs and expenses to which the City or its officials or employees, may be subject to or which they may suffer or incur allegedly arising out of any infringement, violation, or unauthorized use of any copyright, trade secret, trademark or patent or any other property or personal right of any third party by the Medallion Owner/Agent and/or its officers, trustees, employees, agents, servants, and independent contractors in relation to this Agreement. To the fullest extent permitted by Law, the Medallion Owner/Agent shall defend, indemnify, and hold harmless the City and its officials and employees regardless of whether or not the alleged infringement, violation, or unauthorized use arises out of compliance with the scope of the Agreement. Insofar as the facts or law relating to any of the foregoing would preclude the City and its officials and employees from being completely indemnified by the Medallion Owner/Agent, the City and its officials and employees shall be partially indemnified by the Medallion Owner/Agent to the fullest extent permitted by law. (c) This indemnification provision shall not be limited in any way or discharged by Medallion Owner/Agent’s obligations to maintain insurance as provided in this Agreement. (d) The parties expressly understand the risks and liabilities attendant to the pilot project. EXCEPT FOR THE MEDALLION OWNER/AGENT’S OBLIGATIONS AS STATED IN SECTIONS 7(b) AND (b) ABOVE, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INCIDENTAL, SPECIAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR INDIRECT LOSSES OR DAMAGES, WHETHER FORESELABLE OR NOT, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE SUSTAINED BY THE PARTIES, A CONTRACTOR, OR ANY THIRD PARTIES HOWSOEVER ARISING UNDER THIS AGREEMENT AND WHETHER UNDER CONTRACT, TORT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, THIRD PARTY CLAIMS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF CUSTOMERS, OR DAMAGE TO REPUTATION OR GOODWILL).

Insurance, Indemnification and Liability. (a) Participant shall pay for, maintain and keep in full force and effect the appropriate insurance concerning the operations and liabilities of the participant relevant to this agreement, including but not limited to, vehicle insurance and workers workers’ compensation insurance as required in Chapter 58 of insurance. (b) The City and TLC Rules. Neither the City nor its officials nor its employees shall not be responsible to Medallion Owner/AgentSHL Permit Holder, any vehicle ownerVehicle Owner, or any of their respective agents, employees, contractors, drivers, passengers, pedestrians or to any other party, in the event of any injuries, damages, losses or liabilities arising out of the pilot project Pilot Program or this Agreement, including but not limited to any personal injury or property damage. The Medallion Owner/Agent DRAFT (c) To the greatest extent allowed by law, the SHL Permit Holder shall be solely responsible for all physical injuries or death to its agents, servants, or employees or to any other person or damages to any property sustained during its work on the pilot project under this Agreement resulting from any act of omission or commission or error in judgment of any of its officers, trustees, employees, agents, servants, or independent contractors. To the fullest greatest extent permitted allowed by Lawlaw, the Medallion Owner/Agent SHL Permit Holder shall defend, indemnify, and hold harmless and indemnify the CityCity of New York, including its officials and employees, against from liability upon any and all claims (even if the allegations of the claim are without merit), judgments for damages on account of any such injuries or death to any such person or damage damages to any property, and costs and expenses to which the City or its officials or employees, may be subject to or which they may suffer or incur allegedly arising out property on account of any neglect, fault or default of the operations of the Medallion Owner/Agent and/or any of SHL Permit Holder, its officers, trustees, employees, agents, servants, or independent contractors. The SHL Permit Holder shall be solely responsible for the safety and independent contractors under this Agreement protection of all of its employees whether due to the extent resulting from any negligent act negligence, fault or default of commission SHL Permit Holder or omission, any intentional tortious act, and/or the failure to comply with law or any of the requirements of this Agreement. Insofar as the facts or law relating to any of the foregoing would preclude the City or its officials or employees from being completely indemnified by the Medallion Owner/Agent, the City and its officials and employees shall be partially indemnified by the Medallion Owner/Agent to the fullest extent permitted by lawnot. (b) To the fullest extent permitted by law, the Medallion Owner/Agent shall defend, indemnify, and hold harmless the City, including its officials and employees, against any and all claims (even if the allegations of the claim are without merit), judgments for damages, and costs and expenses to which the City or its officials or employees, may be subject to or which they may suffer or incur allegedly arising out of any infringement, violation, or unauthorized use of any copyright, trade secret, trademark or patent or any other property or personal right of any third party by the Medallion Owner/Agent and/or its officers, trustees, employees, agents, servants, and independent contractors in relation to this Agreement. To the fullest extent permitted by Law, the Medallion Owner/Agent shall defend, indemnify, and hold harmless the City and its officials and employees regardless of whether or not the alleged infringement, violation, or unauthorized use arises out of compliance with the scope of the Agreement. Insofar as the facts or law relating to any of the foregoing would preclude the City and its officials and employees from being completely indemnified by the Medallion Owner/Agent, the City and its officials and employees shall be partially indemnified by the Medallion Owner/Agent to the fullest extent permitted by law. (cd) This indemnification provision shall not be limited in any way or discharged by Medallion Owner/AgentSHL Permit Holder’s obligations to maintain insurance as provided in this AgreementAgreement or otherwise. (de) The parties expressly understand the risks and liabilities attendant to the pilot projectPilot Program. EXCEPT FOR TO THE MEDALLION OWNER/AGENT’S OBLIGATIONS AS STATED IN SECTIONS 7(b) GREATEST EXTENT ALLOWED BY LAW THE CITY OF NEW YORK, INCLUDING ITS OFFICIALS AND (b) ABOVEEMPLOYEES, IN NO EVENT SHALL EITHER PARTY NOT BE LIABLE TO THE OTHER SHL PERMIT HOLDER FOR INCIDENTAL, SPECIAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR INDIRECT LOSSES OR DAMAGES, WHETHER FORESELABLE FORESEEABLE OR NOT, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE SUSTAINED BY THE PARTIES, A CONTRACTOR, OR ANY THIRD PARTIES HOWSOEVER ARISING UNDER THIS AGREEMENT AND WHETHER UNDER CONTRACT, TORT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, THIRD PARTY CLAIMS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF CUSTOMERS, OR DAMAGE TO REPUTATION OR GOODWILL).