Common use of The Indemnity Clause in Contracts

The Indemnity. For purposes of this Agreement, and without in any way limiting indemnification obligations that may be set forth elsewhere in this Agreement, Contractor hereby agrees to indemnify, defend and hold harmless the City, its employees and agents from any and all Loss where Loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of Contractor, its employees, agents, subcontractors and suppliers. With respect to the curbside collection and the transportation of containers to and from the drop-off locations but not with respect to the City’s supervision and maintenance of the drop-off locations, it is agreed as a specific element of consideration of this Agreement that this indemnity shall apply notwithstanding the joint, concurring or contributory or comparative fault or negligence of the City and, further, notwithstanding any theory of law including, but not limited to, a characterization of the City's joint, concurring or contributory or comparative fault or negligence as either passive or active in nature. Nothing in this Section shall be deemed to impose liability on Contractor to indemnify the City for Loss when the City's negligence or other actionable fault is the sole cause of Loss. With respect to the City's rights as set forth herein, Contractor expressly waives all statutory defenses, including, but not limited to, those under workers compensation, contribution, comparative fault or similar statutes to the extent said defenses are inconsistent with or would defeat the purposes of this Section.