Mutual Indemnity. Each Party will indemnify, defend and hold harmless the other Party from all claims, liabilities or expenses for physical damage to real property or tangible personal property and bodily injury, including death, to the extent caused by the gross negligence or willful misconduct of the indemnifying Party’s employees or contractors arising out of this Agreement and while at the Customer’s premises. The foregoing indemnities are contingent upon the Party seeking indemnity giving prompt written notice to the indemnifying Party of any claim, demand or action, and cooperating with the indemnifying Party in the defense or settlement of any such claim, demand or action.
Appears in 4 contracts
Sources: Haas Service Agreement, Infinicloud Service Agreement, Master Customer Service Agreement
Mutual Indemnity. Each Party will indemnify, defend party shall indemnify and hold harmless the other Party party from all claims, liabilities or expenses for physical damage to real property or tangible personal property and bodily injury, including death, to the extent caused by the gross negligence or willful misconduct of the indemnifying Partyparty’s employees or contractors arising out of this Agreement and while at the Customer’s premises. The foregoing indemnities are contingent upon the Party party seeking indemnity giving prompt written notice to the indemnifying Party party of any claim, demand or action, and cooperating with the indemnifying Party party in the defense or settlement of any such claim, demand or action.
Appears in 4 contracts
Sources: BMC Cloud Services Master Agreement, Cloud Services Master Agreement, Cloud Services Master Agreement
Mutual Indemnity. Each Party will indemnify, defend party shall indemnify and hold harmless the other Party party from all claims, liabilities or expenses for physical damage to real property or tangible personal property and bodily injury, including death, to the extent caused by the negligence, gross negligence or willful misconduct of the indemnifying Partyparty’s employees or contractors arising out of this the Agreement and while at the Customer’s premises. The foregoing indemnities are contingent upon the Party party seeking indemnity giving prompt written notice to the indemnifying Party party of any claim, demand or action, and cooperating with the indemnifying Party party in the defense or settlement of any such claim, demand or action.
Appears in 3 contracts
Sources: Cloud Services Master Agreement, Cloud Services Master Agreement, Cloud Services Master Agreement
Mutual Indemnity. Each Party will indemnify, defend party shall indemnify and hold harmless the other Party party from all claims, liabilities or expenses for physical damage to real property or tangible personal property and bodily injury, including death, to the extent caused by the negligence, gross negligence or willful misconduct of the indemnifying Partyparty’s employees or contractors arising out of this Agreement and while at the Customer’s premises. The foregoing indemnities are contingent upon the Party party seeking indemnity giving prompt written notice to the indemnifying Party party of any claim, demand or action, and cooperating with the indemnifying Party party in the defense or settlement of any such claim, demand or action.
Appears in 3 contracts
Sources: Cloud Services Master Agreement, Cloud Services Master Agreement, Cloud Services Master Agreement
Mutual Indemnity. Each Party party will indemnify, defend and hold harmless the other Party party from all claims, liabilities or expenses for physical damage to real property or tangible personal property and bodily injury, including death, to the extent caused by the gross negligence or willful misconduct of the indemnifying Partyparty’s employees or contractors arising out of this Agreement and while at the Customer’s Clients premises. The foregoing indemnities are contingent upon the Party party seeking indemnity giving prompt written notice to the indemnifying Party party of any claim, demand or action, and cooperating with the indemnifying Party party in the defense or settlement of any such claim, demand or action.
Appears in 2 contracts
Sources: Master Terms and Conditions, Master Terms and Conditions
Mutual Indemnity. Each Party party will indemnify, defend and hold harmless the other Party party from all claims, liabilities or expenses for physical damage to real property or tangible personal property and bodily injury, including death, but only to the extent caused by the gross their negligence or willful misconduct of the indemnifying Partyparty’s employees or contractors arising out of this Agreement and while at the Customer’s Customers premises. The foregoing indemnities are contingent upon the Party party seeking indemnity giving prompt written notice to the indemnifying Party party of any claim, demand or action, and cooperating with the indemnifying Party party in the defense or settlement of any such claim, demand or action.
Appears in 2 contracts
Sources: Master Services Agreement, Master Services Agreement
Mutual Indemnity. Each Party party will indemnify, defend and hold harmless the other Party party from all claims, liabilities or expenses for physical damage to real property or tangible personal property and bodily injury, including death, to the extent caused by the gross negligence or willful misconduct of the indemnifying Partyparty’s employees or contractors arising out of this Agreement and while at the Customer’s Customers premises. The foregoing indemnities are contingent upon the Party party seeking indemnity giving prompt written notice to the indemnifying Party party of any claim, demand or action, and cooperating with the indemnifying Party party in the defense or settlement of any such claim, demand or action.
Appears in 2 contracts
Sources: Master Customer Agreement, Master Customer Agreement
Mutual Indemnity. Each Party will indemnify, defend party shall indemnify and hold harmless the other Party party from all claims, liabilities or expenses for physical damage to real property or tangible personal property and bodily injury, including death, to the extent caused by the negligence, gross negligence negligence, or willful misconduct of the indemnifying Partyparty’s employees or contractors arising out of this Agreement and while at the Customer’s premises. The foregoing indemnities are contingent upon the Party party seeking indemnity giving prompt written notice to the indemnifying Party party of any claim, demand or action, and cooperating with the indemnifying Party party in the defense or settlement of any such claim, demand or action.
Appears in 1 contract
Sources: Cloud Services Master Agreement
Mutual Indemnity. Each Party party will indemnify, defend and hold harmless the other Party party from all claims, liabilities or expenses for physical damage to real property or tangible personal property and bodily injury, including death, to the extent caused by the gross negligence or willful misconduct of the indemnifying Partyparty’s employees or contractors arising out of this Agreement and while at the CustomerClient’s premises. The foregoing indemnities are contingent upon the Party party seeking indemnity giving prompt written notice to the indemnifying Party party of any claim, demand or action, and cooperating with the indemnifying Party party in the defense or settlement of any such claim, demand or action.
Appears in 1 contract
Sources: Master Services Agreement
Mutual Indemnity. Each Party will indemnify, defend party shall indemnify and hold harmless the other Party party from all claims, liabilities or expenses for physical damage to real property or tangible personal property and bodily injury, including death, to the extent caused by the gross negligence or willful wilful misconduct of the indemnifying Partyparty’s employees or contractors arising out of this Agreement and while at the Customer’s premises. The foregoing indemnities are contingent upon the Party party seeking indemnity giving prompt written notice to the indemnifying Party party of any claim, demand or action, and cooperating with the indemnifying Party party in the defense defence or settlement of any such claim, demand or action.
Appears in 1 contract
Sources: Services Agreements