Common use of Exclusions from Indemnity Clause in Contracts

Exclusions from Indemnity. The Development Entity shall not be responsible or be obliged to indemnify an Indemnified Party in respect of any Losses under Section 20.1 (Indemnified Losses) to the extent that the same arise as a direct result of: (a) a Compensation Event or Relief Event; (b) the presence of Hazardous Materials on any Project Site that a Transit Agency is deemed to be the sole generator and arranger of pursuant to Section 6.3 (Generator Status), but only to the extent that the relevant Loss does not arise as a direct result of the negligence of the Development Entity or the Development Entity failing to comply with the terms of the Project Documents; (c) the fraud, negligence, recklessness, bad faith or willful misconduct of an Indemnified Party; (d) any performance or non-performance by an Indemnified Party of its obligations under the Project Documents; or (e) any Losses suffered by an Indemnified Party with respect to the use of the Project Data or any Intellectual Property related thereto other than specifically for the CNG Facilities.

Exclusions from Indemnity. The Development Entity shall not be responsible or be obliged to indemnify an Indemnified Party in respect of any Losses under Section 20.1 (Indemnified Losses) to the extent that the same arise as a direct result of: (a) a Compensation Event or Relief Event; (b) any Third-Party Claim initiated against the Development Entity or any Development Entity-Related Entity in connection with the presence of Hazardous Materials on any Project Site that a Transit Agency the Department is deemed to be the sole generator and arranger of pursuant to Section 6.3 (Generator Status), but only to the extent that the relevant Loss does not arise as a direct result of the negligence of the Development Entity or the Development Entity failing to comply with the terms of the Project Documents; (c) the fraud, negligence, recklessness, bad faith or willful misconduct of an Indemnified Party; (d) any performance or non-performance by an Indemnified Party of its obligations under the Project Documents; or (e) any Losses suffered by an Indemnified Party with respect to the use of the Project Data or any Intellectual Property related thereto other than specifically for the CNG Project Facilities.

Exclusions from Indemnity. The Development Entity shall not be responsible or be obliged to indemnify an Indemnified Party in respect of any Losses under Section 20.1 (Indemnified Losses) to the extent that the same arise as a direct result of: (a) a Compensation Event or Relief Event; (b) the presence of Hazardous Materials on any Project Site that a Transit Agency is the Department is, pursuant to Section 6.3 (Generator Status), deemed to be the sole generator and arranger of pursuant to Section 6.3 (Generator Status)of, but only to the extent that the relevant Loss does not arise as a direct result of the negligence of the Development Entity or the Development Entity failing to comply with the terms of the Project Documents; (c) the fraud, negligence, recklessness, bad faith or willful misconduct of an Indemnified Party; (d) any performance or non-performance by an Indemnified Party of its obligations under the Project Documents; or (e) any Losses suffered by an Indemnified Party with respect to the use of the Project Data or any Intellectual Property related thereto other than specifically for the CNG FacilitiesReplacement Bridges.