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.
Appears in 2 contracts
Sources: Option and License Agreement, Option and License Agreement
Mutual Indemnities. (a) The Grantee Enbridge shall indemnify and hold harmless the Grantor Owner 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;Enbridge; or
(ii) any breach by the Grantee Enbridge of the terms and conditions of this Agreement; or
(iii) the Works or the operation of the Works, provided that the Grantee Enbridge 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 GrantorOwner, its directors, officers, employees, servants or agents, consultants, contractors and assigns. For greater certainty, the Grantee ▇▇▇▇▇▇▇▇ shall not be liable to the Grantor Owner for the actions of (i) the GrantorOwner, its agents, employees, invitees 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 GrantorOptioned Property.
(b) The Grantor Owner shall indemnify and hold harmless the Grantee Enbridge 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 GrantorOwner, as well as as, in respect of any loss, injury or damage arising out of or in connection with, any breach by the Grantor Owner of the terms and conditions of this Agreement; provided that the Grantor Owner shall not be liable under this Section to the extent to which such loss, damage or injury is caused or contributed to to, by the negligence or default of the GranteeEnbridge, its directors, officers, employees, servants or agents, consultants, contractors and assigns. For greater certainty, the Grantor Owner shall not be liable to the Grantee Enbridge for the actions of of: (i) the GranteeEnbridge, its agents, employees, or representatives who enter upon the Easement LandsOptioned Property, or (ii) any trespasser or unauthorized person who enters upon the Easement LandsOptioned Property.
(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 anticipated and foreseeable damages.
Appears in 2 contracts
Sources: Easement Option Agreement, Temporary Workspace Option Agreement
Mutual Indemnities. (a) The Grantee 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.
Appears in 1 contract
Sources: Option and License Agreement
Mutual Indemnities. (a) The Grantee Enbridge shall indemnify and hold harmless the Grantor Owner 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;Enbridge; or
(ii) any breach by the Grantee Enbridge of the terms and conditions of this Agreement; or
(iii) the Works or the operation of the Works, provided that the Grantee Enbridge 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 GrantorOwner, its directors, officers, employees, servants or agents, consultants, contractors and assigns. For greater certainty, the Grantee Enbridge shall not be liable to the Grantor Owner for the actions of (i) the GrantorOwner, its agents, employees, invitees 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 GrantorOptioned Property.
(b) The Grantor Owner shall indemnify and hold harmless the Grantee Enbridge 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 GrantorOwner, as well as as, in respect of any loss, injury or damage arising out of or in connection with, any breach by the Grantor Owner of the terms and conditions of this Agreement; provided that the Grantor Owner shall not be liable under this Section to the extent to which such loss, damage or injury is caused or contributed to to, by the negligence or default of the GranteeEnbridge, its directors, officers, employees, servants or agents, consultants, contractors and assigns. For greater certainty, the Grantor Owner shall not be liable to the Grantee Enbridge for the actions of of: (i) the GranteeEnbridge, its agents, employees, or representatives who enter upon the Easement LandsOptioned Property, or (ii) any trespasser or unauthorized person who enters upon the Easement LandsOptioned Property.
(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 anticipated and foreseeable damages.
Appears in 1 contract
Sources: Easement Option Agreement