Common use of Disclaimer of Warranties Limitation of Liability and Indemnification Clause in Contracts

Disclaimer of Warranties Limitation of Liability and Indemnification. A. IF YOU RELY ON THE DEALERTRACK SITES OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THE DEALERTRACK SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THE DEALERTRACK SITES. THE DEALERTRACK SITES ARE PROVIDED TO YOU "AS IS." DEALERTRACK, ITS AFFILIATES, AND ANY PARTICIPATING LENDERS (COLLECTIVELY, THE “RELATED PARTIES”) CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE DEALERTRACK SITES (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE DEALERTRACK SITES). NOR DO THE RELATED PARTIES GUARANTEE THAT THE DEALERTRACK SITES WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE DEALERTRACK SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE RELATED PARTIES WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE DEALERTRACK SITES BY YOU OR ANY THIRD PARTY. B. UNDER NO CIRCUMSTANCES WILL THE RELATED PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE DEALERTRACK SITES OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE DEALERTRACK SITES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF DEALERTRACK AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THE DEALERTRACK SITES WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE DEALERTRACK SITES OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT THE RELATED PARTIES ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER'S RIGHTS ARISING FROM OR IN CONNECTION WITH THE DEALERTRACK SITES. C. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY. D. YOU AGREE TO INDEMNIFY THE RELATED PARTIES AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE DEALERTRACK SITES OR ANY ACTUAL OR ALLEGED BREACH OF THIS VISITOR AGREEMENT.

Disclaimer of Warranties Limitation of Liability and Indemnification. A. IF YOU RELY ON 8.1. PG&E DOES NOT REPRESENT OR WARRANT THAT THE DEALERTRACK SITES ECS OR ANY INFORMATIONITS USE WILL BE UNINTERRUPTED OR FREE OF DEFECTS, PRODUCTERRORS OR MALFUNCTIONS, OR SERVICE AVAILABLE THROUGH THE DEALERTRACK SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THE DEALERTRACK SITES. THE DEALERTRACK SITES ARE PROVIDED TO YOU "AS IS." DEALERTRACK, ITS AFFILIATES, AND ANY PARTICIPATING LENDERS (COLLECTIVELY, THE “RELATED PARTIES”) CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE DEALERTRACK SITES (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE DEALERTRACK SITES). NOR DO THE RELATED PARTIES GUARANTEE THAT THE DEALERTRACK SITES DEFECTS WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLECORRECTED, OR THAT THE DEALERTRACK SITES WILL BE ECS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PG&E DOES NOT WARRANT OR REPRESENT THAT THE RELATED PARTIES USE OR THE RESULTS OF THE USE OF THE ECS OR THE TRANSACTIONS MADE AVAILABLE AS PART OF THE ECS WILL BE CORRECT, ACCURATE, TIMELY OR OTHERWISE RELIABLE. 8.2. USER UNDERSTANDS, AND ACCEPTS THAT (i) PG&E MAKES NO WARRANTY WHATSOEVER TO USER REGARDING THE ECS OR ITS AVAILABILITY OR THE RESULTS OF USER'S USE OF THE ECS, OR REGARDING ANY INFORMATION USED OR ACESSED IN CONNECTION THEREWITH; AND (ii) THE ECS IS PROVIDED BY PG&E ON AN "AS IS" BASIS AT USER'S SOLE RISK, AND PG&E EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES (WHETHER EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND SATISFACTORY QUALITY. 8.3. USER UNDERSTANDS AND AGREES THAT PG&E SHALL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, TO USER OR JUDGMENTS ARISING OUT TO ANYONE BRINGING A CLAIM AS A RESULT OF OR RELATED TO ANY CONTENT POSTED TO THE DEALERTRACK SITES BY YOU OR ANY THIRD PARTY. B. UNDER NO CIRCUMSTANCES WILL THE RELATED PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR IN CONNECTION WITH USER'S USE OF THE DEALERTRACK SITES ECS (OR OF ANY PRODUCT SOFTWARE, INFORMATION OR SERVICE LINKED TO OTHER ITEMS RELATING THERETO), FOR: (i) ANY LOSSES OR FROM OR ADVERTISED OR PROMOTED ON THE DEALERTRACK SITES, DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, CONSEQUENTIALDIRECT, INDIRECT, SPECIAL, INCIDENTALCOMPENSATORY, INDIRECTINCIDENTAL OR CONSEQUENTIOAL DAMAGES INCLUDING, PUNITIVEBUT NOT LIMITED TO, EXEMPLARY, OR OTHER DAMAGES LOSS OF ANY KIND (INCLUDING LOST REVENUES OR PROFITSDATA, LOSS OF BUSINESS, AND REVENUE OR PROFITS OR FAILURE TO REALIZE SAVINGS OR ANY OTHER ECONOMIC OR COMMERCIAL LOSS OF DATAANY KIND, OR (ii) ANY CLAIM OR DAMAGES RESULTING FROM A CLAIM AGAINST THE USER BY ANY THIRD PARTY, ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT, OR USER'S USE OF THE ECS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EVEN IF WE STRICT LIABILITY, WARRANTY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE ADVISED BEFOREHAND OF FORESEEABLE. THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE TOTAL CUMULATIVE LIABILITY OF DEALERTRACK PG&E AND ITS AFFILIATES, AGENTS, AND LICENSORSTHIRD-PARTY SOFTWARE LICENSORS UNDER OR ARISING FROM THIS AGREEMENT, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE DEALERTRACK SITES WILL NOT EXCEED AVERAGE CHARGE PAID BY USER TO PG&E FOR A SINGLE DAY'S GAS TRANSPORTATION TRANSACTIONS DURING THE AMOUNT YOU PAID, IF ANY, FOR TWELVE (12) MONTHS PERIOD PRIOR TO THE USE DATE ON WHICH THE CAUSE OF THE DEALERTRACK SITES OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT THE RELATED PARTIES ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUSACTION AROSE, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER'S RIGHTS ARISING FROM OR IN CONNECTION WITH $10,000 (TEN THOUSAND DOLLARS), WHICHEVER IS THE DEALERTRACK SITESLESSER AMOUNT. C. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY. D. YOU AGREE TO INDEMNIFY THE RELATED PARTIES AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE DEALERTRACK SITES OR ANY ACTUAL OR ALLEGED BREACH OF THIS VISITOR AGREEMENT.

Disclaimer of Warranties Limitation of Liability and Indemnification. A. IF YOU RELY ON THE DEALERTRACK eRAIL COMMERCE SITES OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THE DEALERTRACK eRAIL COMMERCE SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THE DEALERTRACK eRAIL COMMERCE SITES. THE DEALERTRACK eRAIL COMMERCE SITES ARE PROVIDED TO YOU "AS IS." DEALERTRACK, eRAIL COMMERCE AND ITS AFFILIATES, AGENTS, AND ANY PARTICIPATING LENDERS (COLLECTIVELY, THE “RELATED PARTIES”) LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE DEALERTRACK eRAIL COMMERCE SITES (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE DEALERTRACK ERAIL COMMERCE SITES). NOR DO THE RELATED PARTIES WE OR THEY GUARANTEE THAT THE DEALERTRACK eRAIL COMMERCE SITES WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE DEALERTRACK eRAIL COMMERCE SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE RELATED PARTIES eRAIL COMMERCE AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE DEALERTRACK eRAIL COMMERCE SITES BY YOU OR ANY THIRD PARTY. B. UNDER NO CIRCUMSTANCES WILL THE RELATED PARTIES eRAIL COMMERCE OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE DEALERTRACK eRAIL COMMERCE SITES OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE DEALERTRACK eRAIL COMMERCE SITES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF DEALERTRACK eRAIL COMMERCE AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THE DEALERTRACK eRAIL COMMERCE SITES WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE DEALERTRACK eRAIL COMMERCE SITES OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT THE RELATED PARTIES WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER'S RIGHTS ARISING FROM OR IN CONNECTION WITH THE DEALERTRACK eRAIL COMMERCE SITES. C. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY. D. YOU AGREE TO INDEMNIFY THE RELATED PARTIES eRAIL COMMERCE AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE DEALERTRACK eRAIL COMMERCE SITES OR ANY ACTUAL OR ALLEGED BREACH OF THIS VISITOR AGREEMENT.

Disclaimer of Warranties Limitation of Liability and Indemnification. A. IF YOU RELY ON 8.1. PG&E DOES NOT REPRESENT OR WARRANT THAT THE DEALERTRACK SITES ECS OR ANY INFORMATIONITS USE WILL BE UNINTERRUPTED OR FREE OF DEFECTS, PRODUCTERRORS OR MALFUNCTIONS, OR SERVICE AVAILABLE THROUGH THE DEALERTRACK SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THE DEALERTRACK SITES. THE DEALERTRACK SITES ARE PROVIDED TO YOU "AS IS." DEALERTRACK, ITS AFFILIATES, AND ANY PARTICIPATING LENDERS (COLLECTIVELY, THE “RELATED PARTIES”) CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE DEALERTRACK SITES (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE DEALERTRACK SITES). NOR DO THE RELATED PARTIES GUARANTEE THAT THE DEALERTRACK SITES DEFECTS WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLECORRECTED, OR THAT THE DEALERTRACK SITES WILL BE ECS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PG&E DOES NOT WARRANT OR REPRESENT THAT THE RELATED PARTIES USE OR THE RESULTS OF THE USE OF THE ECS OR THE TRANSACTIONS MADE AVAILABLE AS PART OF THE ECS WILL BE CORRECT, ACCURATE, TIMELY, OR OTHERWISE RELIABLE. 8.2. USER UNDERSTANDS, AND ACCEPTS THAT (i) PG&E MAKES NO WARRANTY WHATSOEVER TO USER REGARDING THE ECS OR ITS AVAILABILITY OR THE RESULTS OF USER’S USE OF THE ECS, OR REGARDING ANY INFORMATION USED OR ACCESSED IN CONNECTION THEREWITH; AND (ii) THE ECS IS PROVIDED BY PG&E ON AN “AS IS” BASIS AT USER’S SOLE RISK, AND PG&E EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES (WHETHER EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND SATISFACTORY QUALITY. 8.3. USER UNDERSTANDS AND AGREES THAT PG&E SHALL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, TO USER OR JUDGMENTS ARISING OUT TO ANYONE BRINGING A CLAIM AS A RESULT OF OR RELATED TO ANY CONTENT POSTED TO THE DEALERTRACK SITES BY YOU OR ANY THIRD PARTY. B. UNDER NO CIRCUMSTANCES WILL THE RELATED PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR IN CONNECTION WITH USER'S USE OF THE DEALERTRACK SITES ECS (OR OF ANY PRODUCT SOFTWARE, INFORMATION OR SERVICE LINKED TO OTHER ITEMS RELATING THERETO), FOR: (i) ANY LOSSES OR FROM OR ADVERTISED OR PROMOTED ON THE DEALERTRACK SITES, DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, CONSEQUENTIALDIRECT, INDIRECT, SPECIAL, INCIDENTALCOMPENSATORY, INDIRECTINCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, PUNITIVEBUT NOT LIMITED TO, EXEMPLARY, OR OTHER DAMAGES LOSS OF ANY KIND (INCLUDING LOST REVENUES OR PROFITSDATA, LOSS OF BUSINESS, AND REVENUE OR PROFITS OR FAILURE TO REALIZE SAVINGS OR ANY OTHER ECONOMIC OR COMMERCIAL LOSS OF DATAANY KIND, OR (ii) ANY CLAIM OR DAMAGES RESULTING FROM A CLAIM AGAINST THE USER BY ANY THIRD PARTY, ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT, OR USER’S USE OF THE ECS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EVEN IF WE STRICT LIABILITY, WARRANTY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE ADVISED BEFOREHAND OF FORESEEABLE. THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE TOTAL CUMULATIVE LIABILITY OF DEALERTRACK PG&E AND ITS AFFILIATES, AGENTS, AND LICENSORSTHIRD-PARTY SOFTWARE LICENSORS UNDER OR ARISING FROM THIS AGREEMENT, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE DEALERTRACK SITES WILL NOT EXCEED AVERAGE CHARGE PAID BY USER TO PG&E FOR A SINGLE DAY'S GAS TRANSPORTATION TRANSACTIONS DURING THE AMOUNT YOU PAID, IF ANY, FOR TWELVE (12) MONTHS PERIOD PRIOR TO THE USE DATE ON WHICH THE CAUSE OF THE DEALERTRACK SITES OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT THE RELATED PARTIES ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUSACTION AROSE, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER'S RIGHTS ARISING FROM OR IN CONNECTION WITH $10,000 (TEN THOUSAND DOLLARS), WHICHEVER IS THE DEALERTRACK SITESLESSER AMOUNT. C. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES8.4. ACCORDINGLYUser shall hold harmless, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLYprotect, defend and indemnify PG&E from and against any and all claims, actions, demands, suits, judgments, damages, losses, costs, including attorneys' fees, and liabilities resulting from or arising out of or in connection with (i) use of or access to the ECS or to any software, information, data (or other items relating thereto) by User, or by any person obtaining access to the ECS through User or a User ID, whether or not User has authorized such access; or (ii) any breach by User of any terms or conditions of this Agreement; or (iii) any act or omission, or willful misconduct of User, its officers, agents or employees or any person obtaining access to the ECS through User (whether or not User has authorized such access) in the performance of this Agreement or the use of the ECS regardless of any negligence of PG&E, whether active or passive; or (iv) any actions taken or not taken by User based on its access to or use of the ECS. D. YOU AGREE TO INDEMNIFY THE RELATED PARTIES AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES8.5. As used in this Article 8, INCLUDING ATTORNEY'S FEES“PG&E” shall include the directors, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE DEALERTRACK SITES OR ANY ACTUAL OR ALLEGED BREACH OF THIS VISITOR AGREEMENT.officers, employees and agents of PG&E.