The Indemnity. For purposes of this Agreement, and without in any way limiting indemnification obligations that may be set forth elsewhere in the Agreement, BRATWEAR hereby agrees to indemnify, defend and hold harmless the City 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 BRATWEAR, its employees, agents, Sub Vendors and suppliers. BRATWEAR shall defend, protect, indemnify and hold harmless the City, it’s officers, agents and employees against all suits of law or in equity resulting from patent and copyright infringement concerning BRATWEAR’s performance or products produced under the terms of the agreement. 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 or any third party and, further, notwithstanding any theory of law including, but not limited to, a characterization of the City's or any third party's joint, concurring or contributory or comparative fault or negligence as either passive or active in nature.
Appears in 1 contract
Sources: Services Agreement
The Indemnity. For purposes of this Agreement, and without in any way limiting indemnification obligations that may be set forth elsewhere in the Agreement, BRATWEAR ▇▇▇▇▇▇ ▇▇▇▇▇ hereby agrees to indemnify, defend and hold harmless the City 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 BRATWEAR▇▇▇▇▇▇ ▇▇▇▇▇, its employees, agents, Sub Vendors and suppliers. BRATWEAR ▇▇▇▇▇▇ ▇▇▇▇▇ shall defend, protect, indemnify and hold harmless the City, it’s officers, agents and employees against all suits of law or in equity resulting from patent and copyright infringement concerning BRATWEAR’s ▇▇▇▇▇▇ ▇▇▇▇▇’▇ performance or products produced under the terms of the agreement. 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 or any third party and, further, notwithstanding any theory of law including, but not limited to, a characterization of the City's or any third party's joint, concurring or contributory or comparative fault or negligence as either passive or active in nature.
Appears in 1 contract
Sources: Services Agreement