Laserfiche WebLink
<br />to claims, lawsuits, causes of action and other legal actions and <br />proceedings, involving bodily or personal injury or death of any person <br />or damage to any property (including, but not limited to, persons <br />employed by the Corporation, the .Unit, the User or any other person and <br />all property owned or claimed by the Corporation, the Unit, the User, <br />any affiliate of the User or any other person) or involving damages <br />relating to the issuance, offering, sale or delivery of the Bonds <br />brought against any Indemnified Party or to which any Indemnified Party <br />is a party, even if groundless, false'or fraudulent, that directly or <br />indirectly result from, arise out of or relate to the issuance, offering, <br />sale or delivery of the Bonds or the design, construction, installation, <br />operation, use, occupancy, maintenance or ownership of the Project or <br />any part thereof. The obligations of the User shall apply to all Losses <br />or Claims, or both, that result from, arise out of or are related to any <br />event, occurrence, condition or relationship prior to termination of <br />this Agreement to Issue Bonds, whether such Losses or Claims, or both, <br />are asserted prior to termination of this Agreement to Issue Bonds or <br />thereafter. None of the Indemnified Parties shall be liable to the User <br />for, and the User hereby releases each of them from all liability to the <br />User for, all injuries, damages or destruction of all or any part or <br />parts of any property owned or claimed by the User that directly or <br />indirectly result from, arise out of or relate to the design, construc- <br />tion, operation, use, occupancy, maintenance or ownership of the Project <br />or any part thereof, even if such injuries, damages or destruction <br />directly or indirectly result from, arise out of or relate to, in whole <br />or in part, one or more negligent acts or omissions of the Indemnified <br />Parties in connection with the issuance of the Bonds or in connection <br />with the Project. Each Indemnified Party, as appropriate, shall <br />reimburse the User for payments made by the User to the extent of any <br />proceeds, net of all expenses of collection, actually received by them <br />from any insurance with respect to the Loss sustained. Each Indemnified <br />Party, as appropriate, shall have the duty to claim any such insurance <br />proceeds and the Indemnified Party, as appropriate, shall assign its <br />respective rights to such proceeds, to the extent of such required <br />reimbursement, to the User. In case any action shall be brought or to <br />the knowledge of any Indemnified Party, threatened against any of them <br />in respect of which indemnity may be sought against the User, the <br />Indemnified Party shall promptly notify the User in writing and the User <br />shall have the right to assume the investigation and defense thereof, <br />including the employment of counsel and the payment of all expenses. <br />The Indemnified Party shall have the right to employ separate counsel in <br />any such action and participate in the investigation and defense thereof, <br />but the fees and expenses of such counsel shall be paid by the Indem- <br />nified Party unless (a) the employment of such counsel has been speci- <br />fically authorized by the User, in writing, (b) the User has failed to <br />assume the defense and to employ counsel or (c) the named parties to any <br />such action (including any impleaded parties) include both an Indem- <br />nified Party and the User, and said Indemnified Party shall have been <br />-5- <br />