Availability of Insurance. Notwithstanding anything to the contrary in this Article XIII, neither Party will be required to provide any indemnification to the other Party for any suits, actions, damages, claims, costs, losses or liability of whatsoever kind or character if, and to the extent that, insurance proceeds are available therefor.
Appears in 3 contracts
Samples: Procurement and Construction Contract (Nevada Geothermal Power Inc), Procurement and Construction Contract (Nevada Geothermal Power Inc), Procurement and Construction Contract (Nevada Geothermal Power Inc)
Availability of Insurance. Notwithstanding anything to the contrary in this Article XIII, neither Party will be required to provide any indemnification to the other Party for any suits, actions, damages, claims, costs, losses or liability of whatsoever kind or character if, Losses when and to the extent that, that insurance proceeds are available therefor.
Appears in 2 contracts
Samples: Wind Turbine Supply Agreement, Wind Turbine Supply Agreement (Madison Gas & Electric Co)
Availability of Insurance. Notwithstanding anything to the contrary in this Article XIII13, neither Party will be required to provide any indemnification to the other Party for any suits, actions, damages, claims, costs, losses or liability of whatsoever kind or character if, and to the extent that, insurance proceeds are available therefor.
Appears in 1 contract
Samples: Engineering, Procurement and Construction Contract (Nevada Geothermal Power Inc)