Example Wording - Third Party Indemnities

EXAMPLE CLAUSE - THIRD PARTY INDEMNITY www.oceancontracts.com

X Third Party Indemnities X.1 At the Site Company shall indemnify and hold Contractor Group free and harmless from and against any and all claims, losses, costs, delays, standby, demands, damages, suits, judgements, penalties, liabilities, debts, expenses and causes of action and every other claim or litigation (including all costs thereof and attorneys' fees) for bodily injury, illness, disease, or death to any Third Party personnel and/or loss of or damage to any Third Party property and/or for any and all other loss, damage or delay sustained by any Third Party which may in any manner arise from, grow out of, or be incidental to the Work, whether or not such has been caused or contributed to by the fault or negligence of any of Contractor Group, including the sole negligence but excluding the gross negligence or wilful misconduct of Contractor Group, provided that the event or incident giving rise to such losses, delays, claims, demands, suits, liabilities, actions and/or expenses has taken place (a) within a five hundred (500) metre radius of Company’s fabricator facilities; and/or (b) within a seventeen hundred and fifty (1,750) metre radius of the offshore Site; and/or (c) within a seventeen hundred and fifty (1,750) metre radius of any working barge or vessel which is at the time directly engaged in the Work but not when performing other operations not forming part of the Work, and not during mobilization or demobilization of such working barge or vessel.

X.2 Off the Site a) Contractor shall indemnify and hold Company Group free and harmless from and against any and all claims, losses, costs, delays, standby, demands, damages, suits, judgements, penalties, liabilities, debts, expenses and causes of action and every other claim or litigation (including all costs thereof and attorneys' fees) for bodily injury, illness, disease, or death to any Third Party personnel and/or loss of or damage to any Third Party property and/or for any and all other loss, damage or delay sustained by any Third Party which may in any manner arise from, grow out of, or be incidental to the Work and which is caused or contributed to by the fault or negligence of any party or person in Contractor Group, provided that the event or incident giving rise to such losses, delays, claims, demands, suits, liabilities, actions and/or expenses has taken place (i) outside a five hundred (500) metre radius of Company’s fabricator facilities; and (ii) outside a seventeen hundred and fifty (1,750) metre radius of the offshore Site; and/or (iii) outside a seventeen hundred and fifty (1,750) metre radius of any working barge or vessel which is at the time directly engaged in the Work but not when performing other operations not forming part of the Work, and not during mobilization or demobilization of such working barge or vessel.

© 2008 - Ocean Contracts 1/2 This document is subject to copyright and any and all disclaimers stated on the www.oceancontracts.com website b) Company shall indemnify and hold Contractor Group free and harmless from and against any and all claims, losses, costs, delays, standby, demands, damages, suits, judgements, penalties, liabilities, debts, expenses and causes of action and every other claim or litigation (including all costs thereof and attorneys' fees) for bodily injury, illness, disease, or death to any Third Party personnel and/or loss of or damage to any Third Party property and/or for any and all other loss, damage or delay sustained by any Third Party which may in any manner arise from, grow out of, or be incidental to the Work and which is caused or contributed to by the fault or negligence of any party or person in Company Group, provided that the event or incident giving rise to such losses, delays, claims, demands, suits, liabilities, actions and/or expenses has taken place (i) outside a five hundred (500) metre radius of Company’s fabricator facilities; and (ii) outside a seventeen hundred and fifty (1,750) metre radius of the offshore Site; and/or (iii) outside a seventeen hundred and fifty (1,750) metre radius of any working barge or vessel which is at the time directly engaged in the Work but not when performing other operations not forming part of the Work, and not during mobilization or demobilization of such working barge or vessel.