Common use of Additional Cross Indemnity. Without limiting Section 12 Clause in Contracts

Additional Cross Indemnity. Without limiting Section 12. 1.1 and Section 12.1.2, (a) Seller shall indemnify, defend and hold harmless the PacifiCorp Indemnitees from and against all Liabilities resulting from, arising out of, or in any way connected with (i) the Net Output prior to its delivery by Seller at the Point of Delivery, (ii) any action by any Governmental Authority due to noncompliance by Seller with any Requirements of Law or the provisions of this Agreement, and (iii) PacifiCorp being deemed by an RTO to be financially responsible for Seller’s performance under the Generation Interconnection Agreement pursuant to Section 6.6.2, and (b) PacifiCorp shall indemnify, defend and hold harmless the Seller Indemnitees from and against all Liabilities resulting from, arising out of, or in any way connected with (i) the Net Output at and after its delivery to PacifiCorp at the Point of Delivery in accordance with this Agreement and (ii) any action by any Governmental Authority due to noncompliance by PacifiCorp with any Requirements of Law or the provisions of this Agreement, except in each case to the extent such Liabilities are caused by the gross negligence, willful misconduct, or a breach of this Agreement by any PacifiCorp Indemnitee or Seller Indemnitees, respectively.