Frontier Airlines 2011 Annual Report Download - page 196
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19 - INDEMNITIES AND INSURANCE
The Seller and the Buyer will each be liable for Losses (as defined below) arising from the acts or omissions of their respective
directors, officers, agents or employees occurring during or incidental to such party’s exercise of its rights and performance of its
obligations under this Agreement, except as provided in Clauses 19.1 and 19.2.
19.1 Seller’s Indemnities
The Seller will, except in the case of gross negligence or wilful misconduct of the Buyer, its directors, officers, agents and/or
employees, be solely liable for and will indemnify and hold the Buyer, its Affiliates and each of their respective directors, officers,
agents, employees and insurers harmless against all losses, liabilities, claims, damages, costs and expenses, including court costs and
reasonable attorneys’ fees (“Losses”), arising from:
(i) claims for injuries to, or death of, the Seller’s directors, officers, agents or employees, or loss of, or damage to, property of
the Seller or its employees when such Losses occur during or are incidental to either party’s exercise of any right or
performance of any obligation under this Agreement, and
(ii) claims for injuries to, or death of, third parties, or loss of, or damage to, property of third parties, occurring during or
incidental to the Technical Acceptance Flights.
19.2 Buyer’s Indemnities
The Buyer will, except in the case of gross negligence or wilful misconduct of the Seller, its directors, officers, agents and/or
employees, be solely liable for and will indemnify and hold the Seller, its Affiliates, its subcontractors, and each of their respective
directors, officers, agents, employees and insurers, harmless against all Losses arising from:
(i) claims for injuries to, or death of, the Buyer’s directors, officers, agents or employees, or loss of, or damage to, property of
the Buyer or its employees, when such Losses occur during or are incidental to either party’s exercise of any right or
performance of any obligation under this Agreement, and
(ii) claims for injuries to, or death of, third parties, or loss of, or damage to, property of third parties, occurring during or
incidental to (a) the provision of Seller Representatives services under Clause 15 including services performed on board the
aircraft or (b) the provision of Aircraft Training Services to the Buyer.
19.3 Notice and Defense of Claims
If any claim is made or suit is brought against a party or entity entitled to indemnification under this Clause 19 (the “ Indemnitee”) for
damages for which liability has been assumed by the other party under this Clause 19 (the “ Indemnitor”), the Indemnitee will promptly
give notice
* Confidential