Agmt09 Peninsula Corridor Joint Powers Board-JPB

Browse Search

expenses that may be brought by City's contractor or subcontractor performing work in connection with or related to the Improvements. City's obligation to defend shall include the payment of all reasonable attorney's fees and all other costs and expenses of suit, and if any judgment is rendered against any JPB Indemnitee, City shall, at its expense, satisfy and discharge the same, so long as said claim has been timely tendered to the City without prejudice to City's rights and /or abilities to undertake a defense of said claim. b. JPB's Indemnity. JPB shall fully release, indemnify, hold harmless and defend the City, State and its respective officers, directors, employees, contractors and agents (collectively, "City Indemnitees ") from and against all liability, claims, suits, sanctions, costs or expenses for injuries to or death of any person (including, but not limited to, passengers, employees and contractors of City and Railroad) and damage to or loss of property arising out of or resulting from any negligent act or omission by the JPB, its agents, employees, contractors or subcontractors in performance of its obligations under this Agreement. The JPB shall also fully release, indemnify, hold harmless and defend the City Indemnitees and each of them against any and all liability, claims, suits, actions, costs or expenses that may be brought by any of the Railroad's contractors or subcontractors performing work in connection with or related to the Improvements. JPB's obligation to defend shall include the payment of all reasonable attorney's fees and all other costs and expenses of suit, and if any judgment is rendered against City Indemnitee's or any one of them, JPB shall, at its expense, satisfy and discharge the same, so long as said claim has been timely tendered to the JPB without prejudice to JPB's rights and/or abilities to undertake a defense of said claim. 8