Frontier Airlines 2006 Annual Report Download - page 202

Each party hereto assumes full responsibility for its employer’s liability and workers’ compensation liability to its own
officers, directors, employees or agents on account of injury or death resulting from or sustained in the performance of their respective
service under this Agreement. Each party, with respect to its own employees, accepts full and exclusive liability for the payment of
workers’ compensation and employer’s liability insurance premiums with respect to such employees, and for the payment of all taxes,
contributions or other payments for unemployment compensation or old age benefits, pensions or annuities now or hereafter imposed
upon employers by the government of the United States or by any state or local governmental body with respect to such employees
measured by the wages, salaries, compensation or other remuneration paid to such employees, or otherwise, and each party further
agrees to make such payments and to make and file all reports and returns, and to do everything to comply with the laws imposing
such taxes, contributions or other payments.
B. INDEMNIFICATION BY CONTRACTOR
Contractor hereby assumes liability for and agrees to indemnify, release, defend, protect, save and hold United and its
officers, directors, agents and employees harmless from and against any and all liabilities, damages, expenses, losses, claims,
demands, suits, fines or judgments, including but not limited to, attorneys’ and witnesses’ fees, costs and expenses incident thereto,
which may be suffered by, accrue against, be charged to or be recovered from United or its officers, directors, employees or agents, by
reason of any injuries to or deaths of persons, except for injury or death of United employees, or the loss of, damage to or destruction
of property, including the loss of use thereof, arising out of, in connection with or in any way related to any act, error, omission,
operation, performance or failure of performance of Contractor or its officers, directors, employees and agents, regardless of any
contributory negligence either active, passive or otherwise on the part of United or its officers, directors, employees or agents (but
excluding the reckless and willful misconduct or gross negligence of United or its officers, directors, employees or agents), which is in
any way related to the services of Contractor contemplated by or provided pursuant to this Agreement. United will give Contractor
prompt and timely notice of any claim made or suit instituted against United which in any way results in indemnification hereunder,
and Contractor will have the right to compromise or participate in the defense of same to the extent of its own interest.
C. INDEMNIFICATION BY UNITED
United hereby assumes liability for and agrees to indemnify, release, defend, protect, save and hold Contractor and its
officers, directors, agents and employees harmless from and against any and all liabilities, damages, expenses, losses, claims,
demands, suits, fines or judgments, including but not limited to, attorneys’ and witnesses’ fees, costs and expenses incident thereto,
which may be suffered by, accrue against, be charged to or be recovered from Contractor or its officers, directors, employees or
agents, by reason of any injuries to or deaths of persons, except for injury or death of Contractor’s employees, or the loss of, damage
to or destruction of property, including the loss of use thereof, arising out of, in connection with or in any way related to any act, error,
omission, operation, performance or failure of performance of United or its officers, directors, employees or agents regardless of any
contributory negligence either active, passive or otherwise on the part of Contractor or its officers, directors, employees, or agents (but
excluding the reckless and willful misconduct or gross negligence of Contractor or its officers, directors, employees or agents), which
is in any way related to the services of United contemplated by or provided pursuant to this Agreement. Contractor will give United
prompt and timely notice of any claim made or suit instituted against Contractor which in any way results in indemnification
hereunder, and United will have the right to compromise or participate in the defense of same to the extent of its own interest.
Source: REPUBLIC AIRWAYS HOLDINGS INC, 10-K, March 15, 2007 Powered by Morningstar® Document Research℠