DISCLAIMER AND INDEMNITY. Customer is voluntarily participating in the Program; Avista is providing funding and analysis, only, and assumes no liability for: (i) Customer’s decision to enter into this Agreement; (ii) the Equipment selected by Customer; (iii) any third party selected by Customer to install such Equipment; or (iv) any disputes arising out of repair or replacement of the Equipment. Customer shall indemnify and defend Avista and its agents and employees, from all claims, losses, harm, liabilities, damages and expenses (including attorneys’ fees), or allegations of same, arising as a result of this Agreement except to the extent that any such claims, losses, harm, liabilities, damages and/or expenses (including attorneys’ fees), or allegations of same, arise as a result of Avista’s sole negligence.
Appears in 5 contracts
Samples: Commercial Lighting Incentive Agreement, Commercial Lighting Incentive Agreement, Commercial Lighting Incentive Agreement
