Laserfiche WebLink
8. Indemnification. <br /> 8.1 Obligations. Seller shall Indemnify Buyer and Buyer shall Indemnify Seller against <br /> any wrongutd intentional act or negligence of the lndemnitor. Buyer shall also Indemnity Seller against <br /> any and all of the following: (a)any damage to the Property caused by the Investigations of the Property <br /> by Buyer;and(b)any accident,injury or damage Whatsoever caused to any person in or on the Property <br /> by Buyer prior to the Closing. Notwithstanding anything to the contrary in this Agreement,no Indemnitor <br /> shall be required to Indemnify any Indemnitee to the extent retire Indemnitee's wrought intentional acts <br /> ornegligehee. <br /> 8.2 Limitation on Liability of the Seller. Following the Close of Escrow,the Buyer is <br /> and shall be responsible for operation of the Property and the Project,and the Seller shall not be liable for <br /> any injury or damage to any property(of the Buyer or any other person)or to any person occurring on or <br /> about the Property or the Project, except to the extent caused by the Seller's wrongM intentional actor <br /> negligence. <br /> 8.3 Strict Liability. The indemnification obligations of an Indemnitor shall apply <br /> regardless ofwhether liability without fault or strict liability is imposed or sought to be imposed on one or <br /> more lndemnitees. <br /> 8.4 Independent of Insurance Obligatlon^<, Buyer's indemnification obligations udder <br /> this Agreement shall not be construed or interpreted as in any way restricting, limiting, or modifying <br /> Buyer's insurance or other obligations under this Agreement and is independent of the Buyer's insurance <br /> and other obligations larder this Agreement. Buyer's compliance With its insurance obligations and other <br /> obligations under this Agreement Minot in any Wayrestrct,limit,or modify the Buyer's indemnification <br /> obligations under this Agreement and are independent of the Buyer's indemnification and other obligations <br /> underthis Agreement. <br /> 8.5 ffiurvival of indemnification and Defense Obligations. The indemnity and defense <br /> obligations under this Agreement than survive the expiration or earlier termination ofthis Agreement,until <br /> all claims against any of the Indemnitees involving any of the indemnified matters are folly, finally, <br /> absolutely and completely barred by applicable statutes of limitations. <br /> 8.6 Independent Duty to Defend, The duty to defend under this Agreement is separate <br /> and independent of the duty to Indemnify. The duty to defend Includes claims for which an Indemnitee <br /> may be liable without fault or strictly liable. The duty to defend applies immediately upon notice of a <br /> claim,regardless of whether the issues of negligence,liability,fault,default or other obligation on the part <br /> of the Indemnitor or the Indemnitee have been determined. The duty to defend applies immediately, <br /> regardless of whether the Indemnitee has paid any amounts or incurred any detriment arising out of or <br /> relating(directly or indirectly)to any claims. It is the express intention of the Parties that an Indemnitee <br /> be entitled to obtain sumtnary adjudication or summary judgment regarding an Indemnitor's duty to defend <br /> the Indemnitee,at any stage of any claim or suit,within the scope ofthe Indemnitor's indemnity obligations <br /> under this Agreement. <br /> 8.7 Indemnification Procedures. Wherever this Agreement requires any Indemmitor to <br /> Indemnify any indemnitee: <br /> •14- <br /> t <br />