|
Execution Version r:
<br /> Units),Exhibit 5(Description of the Units),and Exhibit 6(Interconnection and Metering
<br /> Descriptions)are attached hereto,and made a part hereof.
<br /> 11. INDEMN1FiCATION;LIMITATION OF'LIABILITY:
<br /> 11.1 Each Party shall Indemnify, defend, and hold harmless the other Petty, Its
<br /> members, officers and directors, employees, agents and repreent from
<br /> any and all daims.arising from or related to the Project from and against any and
<br /> all LOWS"for death, bibdily NOV or personal lgjuty to any person, Indilrdlng
<br /> without limitation claims for injury to_petsons or damage to property occurring
<br /> at any Unit,arising from in any manner arising by reason of any breach of this
<br /> Agreement by such Party, any lure of any representation, wartatity or
<br /> guarantee to be true In all material respects,the negligent acts,errors,om1s 'o,f rs
<br /> tartiJiflfiil m conduct incident thaPerforrnalice of alts Agreement bn the part
<br /> ofsirehh Party,or any oTsucb Partyr members;officers and directors,employees,
<br /> agents and representatives,or in the case of Seller,,subtohtractors of any tier;
<br /> provided,f�oweVer;that nothingh'erein Contained shailbe;construed as relieving
<br /> or releasing either Party from:liability for Injury or damage,whereyer QWurrirlg,
<br /> resulting from its own ,negligence or the neBllgej of any of Its ofl0411,
<br /> servants,employees,or ager and In t eiiefit of eop urriOnt negligence by e
<br /> Pettles,there shaft be contribution. Each Party shall 0.00Y responsible for
<br /> ln110 or damage, wherever occurring, Otte t lefy'to any defect In etjtilptrhent
<br /> installed,furnished,or maintained by such Party.Each Patty is solely responsible
<br /> for the risk of loss, or damage to,'Its equipment, unless-the loss or damage
<br /> results from the negligence or fault of the other Party.
<br /> 11.2 NOTWITHSTANDING. AMY OilIER PROVISION OF THIS AGgEE NT, OMER_
<br /> PART1f-SHA1,L
<br /> BE RESPONSIBLE FOR SPECIAL.,EXEMNARY, IND[REC1,PVf4ITlVE,
<br /> OR CONSEQUENTIAL DAMAGES,i_0ST PROFITS OR OTHER OsTs,OR BUSIM,j s$
<br /> INTERRUPTiON DAMAGES REI 1TED TO Oft ARISING OUT OF A i'ARTIf'S
<br /> PERFORMANCE OR NON-PERFORMANCE UNDER THIS AGREEMENT,WHETHER
<br /> BASED ON OR CLAIMED UNDER STATUTE,CONTRACT,TORT(INCLUDIiiG.SU JI
<br /> PARTV'3-OWN NEGLIGENCE)OR ANT OTHER THEORY OF it il.4 Y Ai LAW OR IN
<br /> EQUITY. iF NO OTHER REMEDY Olt MEASURE OF DAMAGES 15 EXPRESSLY
<br /> PROVIDED HEREIN, THE OBLIGOR'S LIABILITY SHALL BE UMITED TO DIRECT
<br /> DAMAGES ONLY.
<br /> 12. ANCE;
<br /> coni end,g upon the EffectiveDate and cord 11aou 10Yt the Term,Seller shall
<br /> obtbi and on nue to nlalrftalnfiabil, .� e"irtsuraite_for each Unit.Said Insurance wgl ble
<br /> Intl*amount of at least$1,000,000.00 with a$2,000,000 umbrella policy for each Unit
<br /> Page 0,024
<br /> 137
<br />
|