Mutual Indemnities Clause Samples
The Mutual Indemnities clause establishes that both parties agree to compensate each other for losses, damages, or liabilities arising from their respective actions or breaches under the contract. In practice, this means if one party causes harm or incurs costs due to their negligence or failure to meet contractual obligations, they must reimburse the other party for those losses. This clause ensures a balanced allocation of risk and encourages both parties to act responsibly, providing protection against financial harm caused by the other party's conduct.
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Mutual Indemnities. In consideration of the Leased Premises being leased to Tenant for the above rental, Tenant agrees: that Tenant, at all times, will indemnify and hold harmless Landlord from all losses, damages, liabilities and expenses, which may arise or be claimed against Landlord and be in favor of any persons, firms or corporations, for any injuries or damages to person or property, consequent upon or arising from any acts, omissions, neglect or fault of Tenant, its agents, servants, employees, licensees, visitors, customers, patrons or invitees, or consequent upon or arising from Tenant's failure to comply with any laws, statutes, ordinances, codes or regulations or any provisions of this Lease. Landlord shall not be liable to Tenant for any damages, losses or injuries to the persons or property of Tenant which may be caused by the acts, neglect, omissions or faults of any persons, firms or corporations, except when such injury, loss or damage results from gross negligence or willful misconduct of Landlord, its agents or employees. All personal property placed or moved into the Leased Premises or the Building shall be at the risk of Tenant or the owners thereof, and Landlord shall not be liable to Tenant for any damages to said personal property. Tenant shall maintain at all times during the term of this Lease an insurance policy or policies in an amount or amounts sufficient to indemnify Landlord and to pay Landlord's damages, if any, resulting from any matter set forth in this Section. In case Landlord shall be made a party to any third party litigation commenced by or against Tenant, Tenant shall protect and hold Landlord harmless and shall pay all cost, expenses and reasonable attorney's fees incurred or paid by Landlord in connection with such litigation. In consideration of the Leased Premises being leased to Tenant for the above rental, Landlord agrees: that Landlord, at all times, will indemnify and hold harmless Tenant from all losses, damages, liabilities and expenses, which may arise or be claimed against Tenant and be in favor of any persons, firms or corporations, for any injuries or damages to person or property, consequent upon or arising from any acts, omissions, neglect or fault of Landlord, its agents, servants, employees, licensees, visitors, customers, patrons or invitees, or consequent upon or arising from Landlord's failure to comply with any laws, statutes, ordinances, codes or regulations or any provisions of this Lease. Tenant shall not be li...
Mutual Indemnities. (a) The Grantee shall indemnify and hold harmless the Grantor against all actions, suits, claims, demands and expenses made or suffered by any person or persons, in respect of loss, injury, damage or obligation to compensate, arising out of or in connection with or as a result of:
(i) the negligence or wilful misconduct of the Grantee;
(ii) any breach by the Grantee of the terms and conditions of this Agreement; or
(iii) the Works or the operation of the Works, provided that the Grantee shall not be liable under this Section to the extent to which such loss, damage or injury is caused or contributed to by the negligence or default of the Grantor, its directors, officers, employees, agents, consultants, contractors and assigns. For greater certainty, the Grantee shall not be liable to the Grantor for the actions of (i) the Grantor, its agents, employees, or representatives who enter upon the Easement Lands, or (ii) any trespasser or unauthorized person who enters upon the Easement Lands or other property of the Grantor.
(b) The Grantor shall indemnify and hold harmless the Grantee against all actions, suits, claims, demands and expenses made or suffered by any person or persons, in respect of loss, injury, damage or obligation to compensate, arising out of or in connection with, or as a result of the negligence or wilful misconduct of the Grantor, as well as in respect of any loss, injury or damage arising out of or in connection with, any breach by the Grantor of the terms and conditions of this Agreement; provided that the Grantor shall not be liable under this Section to the extent to which such loss, damage or injury is caused or contributed to by the negligence or default of the Grantee, its directors, officers, employees, agents, consultants, contractors and assigns. For greater certainty, the Grantor shall not be liable to the Grantee for the actions of (i) the Grantee, its agents, employees, or representatives who enter upon the Easement Lands, or (ii) any trespasser or unauthorized person who enters upon the Easement Lands.
(c) All accrued and undischarged obligations under this Section shall survive the expiration or termination of this Agreement.
(d) Notwithstanding the foregoing, the Parties hereto shall only be liable for reasonably foreseeable damages.
Mutual Indemnities. Each Party (“Indemnifying Party”) shall defend, indemnify and hold harmless the other and its affiliates, stockholders, officers, directors and employees (each an “Indemnified Party”) against and from any and all Losses relating to damage to tangible property or bodily injury or wrongful death, arising out of, or relating to the negligence or willful misconduct of the respective Indemnifying Party, its Affiliates, employees, agents and contractors in connection with this Agreement or the provision of Services hereunder.
Mutual Indemnities. (a) Each party (the Indemnifying Party) indemnifies the other party and its officers, employees, agents and contractors (the Indemnified Party) against any Loss incurred or sustained by any of those Indemnified in connection with a Claim for:
(i) a breach of clause 14;
(ii) personal injury to or death of any person;
(iii) damage to any real or tangible property of any person; or
(iv) any infringement or alleged infringement of any person’s Intellectual Property rights, arising out of a negligent or wilful act or omission of the Indemnifying Party or any of its officers, employees, agents or contractors.
(b) The Indemnifying Party’s liability to indemnify the Indemnified Party under clause 10.6(a) shall be reduced proportionately to the extent that any act or omission of the Indemnified Party contributed to the Loss.
Mutual Indemnities. Assignee further agrees to indemnify Assignor and hold Assignor harmless from and against any and all claims, liens, damages, demands, causes of action, liabilities, lawsuits, judgments, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (collectively, the “Losses”) asserted against or incurred by Assignor by reason of or arising out of any failure by Assignor to perform and observe the obligations, covenants, terms and conditions assumed by Assignor hereunder. Assignor agrees to indemnify Assignee and hold Assignee harmless from and against any and all Losses asserted against or incurred by Assignee by reason of or arising out of any failure by Assignor to perform and observe such obligations, covenants, terms and conditions arising before the date hereof.
Mutual Indemnities. Each party indemnifies the other Party for all Loss suffered or incurred by that other party arising from:
(a) personal injury (including illness and disability) or death; and
(b) damage to that other party’s physical property (up to the value of the damage to the damaged property); to the extent it is caused directly by the negligence of the indemnifying party in connection with this Agreement.
Mutual Indemnities. Buyer further agrees to indemnify Seller and hold Seller harmless from and against any and all claims, liens, damages, demands, causes of action, liabilities, lawsuits, judgments, losses, costs and expenses (including reasonable attorneys’ fees and expenses) (collectively, the “Losses”) asserted against or incurred by Seller by reason of or arising out of any failure by Buyer to perform and observe the obligations, covenants, terms and conditions assumed by Buyer hereunder. Seller agrees to indemnify Buyer and hold Buyer harmless from and against any and all Losses asserted against or incurred by Buyer by reason of or arising out of any failure by Seller to perform and observe such obligations, covenants, terms and conditions arising before the Closing.
Mutual Indemnities. THE COMPANY AND EMPLOYEE JOINTLY AGREE TO AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OTHER FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS’ FEES, FOR INJURY TO OR DEATH OF ANY PERSON, OR FOR DAMAGE TO ANY PROPERTY, ARISING OUT OF EITHER NEGLIGENCE OR MISCONDUCT IN CONNECTION WITH THE WORK DONE BY EMPLOYEE UNDER THIS AGREEMENT; PROVIDED THAT THIS INDEMNIFICATION SHALL NOT APPLY IN THE EVENT OF ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY THE EMPLOYEE.
Mutual Indemnities. Each Party shall defend, indemnify, and hold the other Party’s Indemnitees harmless from and against claims by Third Parties that may be brought against any such Indemnitee as a result of the commercial relationship existing between the Parties and that are based upon an alleged breach of any agreement by the indemnifying Party with such Third Party.
Mutual Indemnities. 26.1. ▇▇▇▇▇▇▇ agrees to indemnify ▇▇▇▇▇▇▇ against any loss, damage or liability suffered ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ :
26.1.1 any act, neglect ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ;
26.1.2 Darling’s breach ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ;
26.1.3 Darling’s failure to ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ;
26.1 4 any successful claim by any third party ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
26.2. This paragraph (and any other paragraph which excludes or restricts the liability of PierreF or provides an indemnity to it) applies ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ , ■ ■ ■ ■ , ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ( ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ( ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ) ■ ■ ■ ■ 1999 / ■ ■ ■ ■ ( ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ) ( ■ ■ ■ ■ ) ■ ■ ■ ■ 2017 , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .
26.3. ▇▇▇▇▇▇▇ agrees to indemnify ▇▇▇▇▇▇▇ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ :
26.3.1 any act, neglect or ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ;
26.3.2 the proven infringement ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ; provided that such liability has not ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .